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Charges against mother accused of assaulting her son bound over to court

A mother accused of hitting her 4-year-old son on the head with a stick and smacking him in the face with her hand told a state trooper she was not innocent, but didn’t intend to send her child to the pediatric intensive care unit.

That was among the information shared by Lehighton state trooper Leo Petrucci during his testimony at a preliminary hearing for Ashlyn McCartney before District Judge William Kissner of Palmerton on Wednesday.

McCartney, 24, homeless, faces charges of aggravated assault, endangering the welfare of children and simple assault.

Carbon County Assistant District Attorney Seth Miller called Petrucci, the first and only person to testify during the hearing, to the stand.

Petrucci testified that he was assigned a report of suspected child abuse on Nov. 27 by the Carbon County district attorney’s office.

Petrucci said he learned the victim was dropped off at the offices of Carbon County Children and Youth Services agency on Nov. 26.

He said the victim was transported to the Lehigh Valley Children’s Hospital at Cedar Crest due to severe facial and head injuries.

The victim was admitted in the pediatric intensive care unit on Nov. 26, and was treated for a brain bleed, multiple facial and head contusions and bruises, and both eyes were swollen shut.

Petrucci said the child had bruising on his ears, scalp, neck, hands and legs. Some of the bruises were in various stages of healing. A CT scan revealed some subdural hematoma.

He said according to the doctor, the injuries are considered child abuse and life threatening with bleeding on the brain.

While at the hospital, the child made statements to the doctor that his mother did this and that she hits him on the head with a stick and hits his face with her hand.

It was suspected that the assault occurred at the residence of Matthew Muchmore in the 5000 block of Interchange Road, Towamensing Township.

Petrucci said Muchmore said the child and McCartney stayed at his residence about one week before Thanksgiving.

Muchmore had said that the assault occurred in his residence, and reported that on the evening of Nov. 21, the child was in the bathroom with McCartney and the door was closed.

Muchmore overheard loud banging on the floor, the child was crying and McCartney was yelling and sounded angry.

The child came out of the bathroom with a bleeding cut on the left side of his head.

Petrucci said that on the afternoon of Nov. 23, Muchmore returned home from his mother’s residence located next door, and observed broken pieces of a wooden paddle that belonged to him.

Muchmore had said that McCartney told him that the victim did something wrong and that she broke the paddle while striking him with it.

The victim was transported from the residence and the child was dropped off at children and youth two days later.

Petrucci said that on Nov. 28, McCartney was interviewed and waived her Miranda rights.

McCartney confirmed that she stayed at Muchmore’s residence between Nov. 21-23.

Petrucci said McCartney told him that she was trying to give the child a bath but he wouldn’t sit in the tub.

McCartney had said that she pulled the child down by pulling down his arms, which caused the child to fall and strike his head on the side of the tub.

McCartney said this occurred three to four times, resulting in a laceration on the side of the child’s head.

McCartney said that she uses the wooden paddle to discipline the child.

McCartney had said that the child hates her and refuses to listen to her, resulting in hurt feelings and frustration.

Due to this, McCartney said she was harsher with the child than with her other two children.

Petrucci said that during the interview, McCartney said several times that she is not innocent, but that she did not intend to send her child to the pediatric intensive care unit.

He said McCartney treated the victim with ice cubes, and that the victim may have struck his head on the headboard of the bed.

Petrucci said 10 items were found during the search warrant, including a paddle in 22 pieces, and an orange shirt with suspected blood stains.

He said the victim was taken to Lehigh Valley Cedar Crest for his injuries. In addition, Petrucci said the child was malnourished and anemic, and that his condition was consistent with head trauma caused by nonaccidental trauma, and that violent adult force was required to cause those injuries, according to the examining doctor.

Under cross-examination by McCartney’s attorney, Petrucci said James Shelak, a friend of Muchmore and McCartney, is the person who dropped the child off at children and youth.

Petrucci said Shelak was interviewed on Nov. 27, and that he received Shelak’s name from children and youth.

During the hearing, it was noted that both Muchmore and Shelak have a criminal history.

McCartney’s attorney said that while it was obvious the child had been abused, the child was with another person with a criminal history.

Kissner denied a request by McCartney’s attorney to have the charge of aggravated assault against her dismissed.

Kissner then ruled to have the charges against McCartney waived over to county court.

McCartney has been recommitted to the Carbon County Correctional Facility in lieu of $500,000 straight bail.

McCartney is scheduled to appear for a pretrial status conference at 9 a.m. Jan. 17.

Ashlyn McCartney is escorted following her preliminary hearing Wednesday before District Judge William Kissner of Palmerton. Charges of aggravated assault, endangering the welfare of children and simple assault against McCartney have been bound over to Carbon County Court. TERRY AHNER/TIMES NEWS