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Wednesday, Aug. 20, 2008

Mother charged in infant's 2006 death pleads guilty to gross misdemeanor

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A woman accused of starving her infant son to death on the Lummi Reservation in 2006 has pleaded guilty to third-degree criminal mistreatment, a gross misdemeanor.

Matilda L. James was sentenced May 5 in U.S. District Court in Seattle to two years probation, substance abuse treatment, mental health counseling and parenting classes.

James was originally charged with second-degree murder, but that charge was reduced after she completed a mental health evaluation and was diagnosed with chronic post traumatic stress disorder, major depression and anxiety, Assistant U.S. Attorney Bruce Miyake said.

Miyake said James can receive treatment while on probation, which she couldn't if she were sent to prison.

"Given what her mental condition was and is, I feel it was a good result," Miyake said. "I didn't feel that her serving more jail time was going to be of any benefit."

According to court documents filed in U.S. District Court:

James' 41/2-month-old son, Tyrell Jackson, died May 29, 2006, in her father's house, where she was living at the time, on the 4100 block of Tiopi Loop.

Whatcom County Medical Examiner Gary Goldfogel determined Jackson died of starvation. He weighed 6 pounds, 8 ounces; a properly nourished infant would weigh close to 12 pounds at that age.

James was caring for her two children and four of her sister's children while she lived there. Five of these children were in diapers.

The court determined that she "did not have the ability or skills to deal with six young children without the assistance or supervision of another adult."

It concluded that her mental health issues prevented her from perceiving and providing her son's need for nourishment.

"This is a really difficult and tragic case," Miyake said. "This baby never had a chance to thrive as a human being. She, I think, feels badly about this. There were no winners in this."

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