The Union Democrat

Charges dropped against Koltyn’s mother

- By GIUSEPPE RICAPITO

Tuolumne County Superior Court Judge Donald Segerstrom on Friday dismissed child abuse charges against the mother of Koltyn Sparksblac­kwood, a 23-month-old Waterford toddler who died in 2019 under suspicious cir- cumstances in Sonora.

Segerstrom said in his ruling that he did not believe the mother, Nicole Sparks, had shown an indifferen­ce to the life of her son, nor did she deliberate­ly or negligentl­y leave him in a situation where she could have reasonably assumed he was in danger.

“I recognize that the ultimate result in this case is tragic,” he said. “I cannot conclude the people have shown probable cause.”

The ruling came days after the conclusion of a fourday preliminar­y hearing, a court proceeding where a judge determines if a case has enough evidence to go to trial, which resulted in Sparks’ former boyfriend, Joseph Maloney, having murder charges upheld against him.

Segerstrom had postponed a ruling on Sparks to review case law and

provide a “deliberati­ve” response to the charge of felony child endangerme­nt under circumstan­ces likely to cause great bodily injury or death, which carried a maximum of up to six years in prison if convicted.

Sparks, joined by a woman who cried after the ruling was declared, declined to comment after the hearing. She asked her attorney, David Beyersdorf of Sonora, to speak on her behalf.

“This should put to rest anyone’s doubt that she did anything other than be a good mother and take care of her baby,” Beyersdorf said. “We believe the charges never should have been filed.”

Beyersdorf said his client was grateful to the court for the “thorough and thoughtful examinatio­n of the evidence,” but he could not comment on the charges against Maloney.

Tuolumne County Deputy District Attorney Cassandra Jenecke, who prosecuted the case, declined to comment.

Members of Koltyn’s family who were present during the hearing also declined to comment.

Segerstrom outlined a series of court cases he reviewed in order to reach his ruling. He said his understand­ing of the relevant child abuse laws led to his conclusion that the prosecutio­n had to show Sparks deliberate­ly permitted her child to be in a dangerous situation where injury or death was likely.

At the time, Sparks was in a romantic relationsh­ip with Maloney. Segerstrom noted, though they had disagreed over parenting and discipline styles, she had left Koltyn in his care recently with no incidents.

“The court can’t say that,” Segerstrom said. “She’s in a relationsh­ip with this guy. She’s pregnant with his child. I’m sure she’s hoping they’re going to have a life together.”

Text message communicat­ion between Maloney and Sparks on the day before Koltyn’s death indicated she was concerned about his condition and believed him to be asleep when she returned to Maloney’s home on South Shepherd Street after working a shift at Chicken Ranch Casino in Jamestown.

“There’s nothing in those texts … to indicate that Koltyn is in any way in danger,” Segerstrom said.

At the conclusion of the hearing Segerstrom noted the prosecutio­n had “remedies” related to the ruling.

“I don’t need to tell you what they are,” he said.

Maloney has an arraignmen­t on the informatio­n, a hearing where he will again enter a plea, for 1:15 p.m. March 19 in Department 1 of the Tuolumne County Superior Court.

Segerstrom ruled on Tuesday that a trial could move forward for Maloney, who is accused by the District Attorney’s Office of second-degree murder, assault on a child causing death, child abuse under circumstan­ces likely to cause great bodily injury, and an enhancemen­t of causing great bodily injury to a child under age 5. He faces up to 25 years to life in prison if convicted, according to the District Attorney’s Office.

Testimony in the preliminar­y hearing concluded just after 9 a.m. Tuesday. The prosecutio­n had called three doctors, one Stanislaus County Sheriff’s deputy, and three additional law enforcemen­t officers who were with the Sonora Police Department at the time of Koltyn’s death to testify.

ACROSS

1 Wrap up 7 Game-watching,

maybe

15 “Y Is for Yesterday” sleuth Millhone

16 One skilled at

spelling

17 __ of: address

words

18 Rocky time? 19 Slow-witted

Bergen puppet 20 8-Down, e.g. 21 Impish

22 Boo follower 23 Key contractio­n 24 “Likewise”

25 Elect

26 Attributiv­e term 28 One presented

for payment 31 Driver’s aid 32 Legal show for 40 years, with “The” 36 Youngest-ever “Time” Person of the Year 39 Formal seizure 41 Tyke

44 Early Beatle

Sutcliffe

45 “The Last Jedi”

villain Kylo 46 Sticky substance 47 Pique

49 Tennis strategy 51 Brits’ luxury cars 52 Singer who founded a sewing company 54 Seasonal drink 55 “Romeo Must

Die” star 56 Riviera resort,

briefly 58 President, at

times

59 “__ Wins By a Hare”: Bugs Bunny cartoon 60 Dog on a bun 61 Throw that anticipate­s the receiver’s timely arrival

62 Puck

DOWN

1 Business concerned with going downhill 2 Jets’ home 3 Greatgrand­mother, say

4 Nicholas II et al. 5 Round up

6 Word with chart

or color

7 Actor Davis 8 2015 best-selling

20-Across

9 Full house sign 10 Bad marks 11 Touches 12 Co-nobelist with

Rabin and Peres 13 Ruling period 14 The “I” in “E.I. du

Pont”

20 Hot air

26 Some saxes 27 Listed in

Liverpool? 29 Cup fraction 30 NFL coach

Meyer

33 Chest muscle,

briefly 34 Phi follower 35 Vietnamese

festival

37 Pasta order 38 Modern-day checking suggestion 40 “Nuh-uh!” 41 Citrus garnishes 42 “C’mon, I’m not

that good!” 43 Italian playhouse 48 Pulitzer-winning “The Goldfinch” novelist Donna 50 Inches

51 Yankee whose #2

was retired in 2017 53 Fowl area 55 Cherokee on

wheels

57 __ mater

58 Golfs on wheels,

briefly

 ??  ?? Sparks
Sparks
 ?? By Mary Lou Guizzo ?? 3/13/21
By Mary Lou Guizzo 3/13/21

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