Jocelyn Smith plea

Jocelyn Smith, 23, exits the courtroom following her sentencing in Boyd Circuit Court. EMILY PORTER | THE DAILY INDEPENDENT

CATLETTSBURG A woman charged with wanton endangerment after her 14-month-old allegedly overdosed pleaded guilty in court Friday morning.

Jocelyn Smith, 23, of Ashland was charged with first degree wanton endangerment following a January 11 incident that resulted in her child being rushed to a local hospital on a suspected overdose.

Smith signed over all of her legal rights to the child during court proceedings the week prior and was again advised of the ramifications of doing so in court Friday.

Smith was sentenced by Boyd Circuit Judge George Davis to five years in prison to be probated for five years.

The sentence was an agreement between Smith and the Commonwealth. Smith offered to sign over all of her legal rights to the child. The Commonwealth in turn offered her 5 years supervised probation.

Davis seemed a bit hesitant to sentence Smith in accordance with the agreement from the Commonwealth.

The judge said the only reason he was willing to consider the sentence was because she had already served 205 days in jail and both the guardian of the child and the officer involved in the investigation were satisfied with the sentence.

Boyd Commonwealth Attorney Rhonda Copley assured Davis that both the guardian and the officer were satisfied with Smith being sentenced to probation since she had given up her parental rights.

Davis told Smith that she was to have no further contact with the child ever again. If Smith violates the terms of her probation, Judge Davis said “I will surely sentence you to five years in a state penitentiary.”

On the day of the incident resulting in Smith's arrest, an Ashland Police Officer responded to a local hospital and spoke with the emergency room doctor who was treating the child. The doctor said the child was unconscious with constricted pupils, showing symptoms of an overdose, the officer said in reports.

The child was administered 4 mg of Narcan, an overdose reversing drug, and regained consciousness, “it was the opinion of the doctor the child had overdosed,” the officer said.

Smith had taken her child to a local healthcare provider that morning when he was suddenly acting tired and sick, reports allege. While being examined, the advanced practice nurse feared the child had a life-threatening condition that causes swelling around the windpipe and blocks air flow, so an ambulance was requested.

While emergency medical personnel were transporting the child to Our Lady of Bellefonte Hospital, his condition worsened and responders altered their route to King's Daughter Medical Center, reports said.

Smith was present at the hospital and spoke with the officer. “She stated that her neighbors come over to her house frequently and they do drugs and may have left some on the floor,” the officer said.

Child Protective Services were involved in the investigation and “as a part of her cooperation with Social Services, she (Smith) was drug tested and tested positive for Meth, Suboxone and Amphetamines,” the officer reported.

Smith was arrested and lodged in the Boyd County Detention Center. Following medical treatment, the child was placed with family.

(606) 326-2654 |