Grandma had drugs in system when she rolled over and killed 4-month-old

HURON The tragic death of a 4-month-old Huron baby could become more tragic. Blood te
May 24, 2010



The tragic death of a 4-month-old Huron baby could become more tragic.

Blood tests indicated the baby'sgrandmother had marijuana, Valium and traces of oxycodone in her systemMarch 29 when she rolled over onhim, causing his death, Huron police Chief Randy Glovinsky said.

Police have forwarded the case files to Erie County prosecutor Kevin Baxter to determine if charges are warranted.

Bishop Kane Malone was in bed with his grandmother, Terri L. Malone, 46, in a home in the 200 block of Berlin Road when she rolled over on him, police said. Rescue workers who were summoned to the home could not revive the baby.

In the ensuing investigation Malone told police she ingested oxycodone in the hours before the incident, police said. A sample of her blood was sent to the Ohio State Highway Patrol crime lab in Columbus for testing.

Those tests revealed trace amounts of oxycodone in Malone's system, as well as marijuana and Valium.

The amount of marijuana in her system at the time of the incident was high enough that she would have been legally impaired if she had been behind the wheel of a motor vehicle, Glovinsky said.

Police also presented a timeline of the events: Malone arrived at the Berlin Road home the night ofMarch 28 to baby-sit Bishop and a2-year-old child. She watched the two children that night and into the next morning.

Malone slept with the children from "9 or 10 at night until around noon the next day," when she was awakened by Bishop's parents, police said.

Police believe the baby had been dead for some time before rescue workers were called to the home.

Police have been tight-lipped throughout the investigation. They originally characterized the baby's death as an accident and said foul play was not suspected.

But days later it was revealed that blood samples had been taken from one of the adults involved, which typically indicates police believe further investigation is warranted.

Malone has not yet been charged with any crime, Glovinsky said.

Glovinsky did not comment when asked if he believed Malone should face criminal charges in connection with the death of her grandson. He said he would leave that up to Baxter.

"It's not an everyday offense. I would like to have his expertise in this decision," Glovinsky said.

Baxter said he will review the report in the next couple of days.

"It's a tragedy, obviously," Baxter said. "It's going to be a tough call. It comes down to: Was there recklessness involved here, and was that recklessness the approximate cause of the harm to the child?

"That's what it's really going to come down to. We'll have to look at it and deliberate as to whether or not there should be any criminal action taken."