Monday, Aug. 25, 2014
AUGUSTA, Ga. (WRDW) -- A mother accused of murder was denied bond in court on Monday.
Mary Katherine Smith is facing one count of cruelty to children in the second degree after her 2-year-old son Mason Smith died on Aug. 2.
On Aug. 15, a judge set bond at $40,000 and said Smith isn't allowed to have contact with any child under the age of 12. In a motion to reconsider Smith's bond, the judge ruled she was a danger to the community.
There was a risk of Smith intimidating her other children and boyfriend Jeremy Kitchens since they are all material witnesses, the judge said.
The state said Smith was a flight risk and was okay with the denied bond. Smith's attorney fought back saying she had a clean criminal record and would be okay with special conditions set by the court.
Kitchens told the investigator on the day of the incident that he and Smith were all in a bedroom when Mason said no to a request by his mother, the investigator said. Smith put him in the corner for timeout and she left the room to check on dinner. Mason fell on a display case after Kitchens said he believed the boy held his breath and passed out.
It took Smith and Kitchens three hours before contacting medical assistance, an investigator said. During that time, investigators said Smith brought up food, took another child to someone else's house, Kitchens removed the vomit-stained sheets underneath Mason and Smith used a pulse oximeter to check Mason. The investigator said Mason's oxygen levels dipped to 75 percent, which is low.