Woman pleads guilty to neglect

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http://www.dailymail.com/News/201007200854

Wednesday July 21, 2010

Woman pleads guilty to neglect

St. Albans mother left autistic son in seemingly 'deplorable' conditions

by Hunt

Daily Mail staff

ton Daily Mail

A St. Albans woman pleaded guilty Tuesday morning to felony child neglect for

leaving her autistic son in conditions prosecutors said were " abominable. "

Lynn Gorby, 34, of St. Albans appeared before Kanawha Circuit Judge

Webster on Tuesday morning to enter a plea agreement negotiated with the

prosecuting attorney's office.

Gorby had been indicted in February on one felony count of child neglect

creating the risk of serious bodily injury for allegedly leaving her 16-year-old

autistic son in deplorable conditions, which prosecutors said could have led to

fatal infection, last June.

Police arrested Gorby last year after a relative informed them she had left her

son in the care of her 15-year-old daughter overnight. When police arrived at

the scene, they found the daughter had left and the boy was alone in an

apartment filled with dirty clothes and dishes, insects and human waste.

Gorby was due to stand trial Tuesday morning, but attorneys told Webster they

had negotiated a plea in the case.

Pursuant to the plea agreement, Gorby pleaded guilty to the one felony count of

child neglect, which carries a possible sentence of one to five years in jail

and up to a $3,000 fine.

In return, the prosecution agreed to stand silent at sentencing.

When Webster asked Gorby to detail the crime, the mother was slow to offer

details.

" I left my 16-year-old son who's autistic with my 15-year-old daughter, " she

said, noting that her son's autism was so severe that he required constant

attention to keep him from hurting himself.

" He's very autistic and the house was very dirty. "

Webster pressed for more details on what exactly constituted the serious risk of

bodily injury charge. At that point, Assistant Prosecuting Attorney Michele

Drummond offered up more details that formed the basis of the state's case.

" She left her son unattended in what could only be described as abominable

conditions, " Drummond said.

She said police found the boy in a room with a single mattress with no bedding

on it. She said there were feces and urine all around the room and the child had

sores all along his legs and back.

Drummond added that, had the case gone to trial, the prosecution would have

presented testimony from two doctors who would have testified that, given the

conditions of the room, the sores on the child could have become infected and

caused sepsis - a potentially lethal form of blood poisoning caused by

infection.

Drummond also said doctors found dried feces around the boy's mouth, indicating

he may have eaten the waste, which could have led to an E. coli infection.

Gorby said her son frequently had feces on him but said when she left him, he

was fine.

She said the sores investigators saw were the result of self-abusive behavior

consistent with his type of autism.

Webster continued to press Gorby to admit how dangerous her son's conditions

were, but appeared frustrated by the woman's lack of acknowledgement.

" I'm concerned she doesn't understand, " Webster said. " She's either not being

forthcoming or maybe going through some sort of mental issues. "

Gorby's attorney, Sullivan, said he was confident his client was mentally

competent, but felt she was not being forthcoming due to a " sense of shame " and

embarrassment over the conditions of her apartment.

" It's not embarrassment - I've let my children down, " Gorby said.

Webster conditionally accepted Gorby's guilty plea and instructed the Adult

Probation Office to conduct a thorough investigation into the incident and the

woman so she can have a complete picture of Gorby's life to form the most

informed decision possible with regard to sentencing.

Gorby will remain free on bond in the case while the probation office conducts

the investigation, which could take more than eight weeks.

A sentencing hearing will be set at a later date.

Gorby's children have been living with relatives since her arrest last year.