Judge dismisses neglect charge against mother in child’s death
A 20-minute delay in getting medical attention for an injured toddler wasn't enough to sustain a charge of felony child neglect, a Richmond juvenile court judge ruled yesterday.
Myasia Deleo, 21, was freed from jail after a preliminary hearing in Richmond Juvenile and Domestic Relations District Court.
Deleo's boyfriend, Garnell Stevenson III, 24, remains jailed on murder charges in the July 24 death of her 16-month-old son, Javon Deleo. Myasia Deleo had spent slightly more than two months in jail, since a few days before her son's funeral Aug. 2.
Myasia Deleo was at work at McDonald's and Stevenson was watching her two children when Stevenson called to tell her that Javon had fallen down the stairs at her home in Creighton Court, according to testimony by Richmond police detective James Baynes.
In Baynes' recounting of the events, the first call from Stevenson came in about 12:15 p.m. Stevenson told her Javon appeared to be OK after the fall. Ten or 15 minutes later, Stevenson called back to say he was having trouble waking Javon. In a third call, he said that Javon had stopped breathing.
Between the second and third calls, Deleo called her adoptive mother, Donnette Hunter, to ask for a ride home, Baynes testified. After hearing what had happened, Hunter dialed 911 at 1:08 p.m.
Hunter, who had to reach for a tissue to wipe away tears as she testified, said she had to call Deleo back to get the correct address.
Deleo also called a neighbor to check on Javon, and the neighbor called 911 a few minutes later.
During the ride to her apartment, Deleo was on the phone with the neighbor, Hunter said. Hunter heard that Deleo's 3-year-old daughter said the boyfriend hit Javon before he fell down the stairs.
Judge Ashley Tunner said the timing of events indicated that between 10 and 20 minutes had passed between Deleo's first knowledge of a problem and subsequent calls to 911 by her mother and neighbors.
Deleo's actions were not commendable, Tunner said, but she said she was "not satisfied that it is a criminal action." She granted the defense motion to strike the charge.
During the hearing, Deleo stood silently in a prison jumpsuit next to her court-appointed lawyer, John LaFratta.
Watching in the courtroom was Kelly Young, a former baby sitter for Deleo's children. For about a week before Javon's death, Young said, she had not been able to keep the children, so the boyfriend was watching them.
Young prayed throughout the proceeding. "God is faithful," she whispered again and again.
While waiting for the judge's decision, Young said she had never seen signs of abuse by Deleo.
"She's a loving, caring mother."
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