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Tamaqua woman sentenced in baby death

A Tamaqua woman was sentenced to a local prison term Tuesday in Carbon County Court after pleading guilty to a reduced charge in a case stemming from the 2023 death of her infant son.

Jessyca Lynn Smale, 27, of Tamaqua, was sentenced by President Judge Roger N. Nanovic to a term of six months to one year, 11 months and 29 days of confinement on a charge of recklessly endangering another person, according to court records.

The sentence was imposed following a negotiated guilty plea entered Jan. 23. As part of that agreement, felony charges of involuntary manslaughter and endangering the welfare of children were dismissed, along with misdemeanor counts of marijuana possession and possession of drug paraphernalia.

As part of the sentence, Smale must undergo a comprehensive drug and alcohol evaluation and follow all recommended treatment. The sentence also includes a “zero tolerance” condition for alcohol, drugs, non-prescribed medications and missed drug tests.

The charges stem from an incident on Sept. 15, 2023, in Summit Hill Borough.

State police said at the time that Smale was using marijuana while caring for her infant son and fell asleep on him, causing him to suffocate.

According to an affidavit of probable cause, emergency personnel were called to an East Fell Street home at 3:16 p.m. for an unresponsive infant. The child was taken to St. Luke’s Miners Campus in Coaldale and pronounced dead at 3:44 p.m.

“(Smale) said that she woke up at 9:45 a.m. and went outside to smoke marijuana at 10:30 a.m.,” according to court papers.

Smale told police that she, the baby and her 15-month-old son “all took a nap on the couch around 1:45 p.m.,” and that the baby “was fine when they fell asleep.”

“She woke up, went to the bathroom and returned to find the baby not moving,” the affidavit states.

“Smale picked up the baby, noticed blood coming from his nose, patted and rubbed his back and then began breathing into his mouth, but the boy remained unresponsive,” according to the affidavit.

An autopsy later determined the cause of death, which was listed as suffocation due to co-sleeping with an adult on a couch. The manner of death was ruled homicide.

Smale was charged in July 2024 and released on $20,000 unsecured bail following her arraignment before District Judge Beth Dodson.