Ashley Bertino, a 36-year-old mother from New York, found herself in court on Thursday, facing allegations of neglect that led to the death of her 12-year-old daughter, Mya Smith. Mya passed away in her home on April 29, under circumstances that were initially unclear. However, a subsequent autopsy revealed that the cause of death was diabetic ketoacidosis, a condition resulting from untreated diabetes. The Erie County Medical Examiner’s Office classified the death as medical neglect, ruling it a homicide. After an extensive investigation by the Chautauqua County District Attorney’s Office, Bertino was charged with second-degree homicide and arrested.
During the preliminary hearing at Hanover Town Court, several witnesses shared their observations of Mya’s condition prior to her death. Among them was Colleen Smith, a school bus driver who had known Mya for several years. Smith, who became emotional during her testimony, shared that Mya often sat behind her on the bus and considered Smith her “bestie.” Smith also noted that Mya and her siblings often seemed disheveled and their clothes were in poor condition. As a mandated reporter, Smith reported signs of child neglect, including Mya’s constant thirst and her siblings’ reports of Mya’s deteriorating health.
Amy Bartell, the Dean of Students at Silver Creek Central School, also testified about the unkempt appearance of Mya and her siblings. Bartell had corresponded with Bertino via email and text, noting that Bertino often resisted when Mya needed to see a school nurse. Bertino also expressed displeasure when Mya’s gym teacher suggested she get a doctor’s note explaining her inability to participate in gym class.
Jill Meyer, a neighbor of Bertino, provided further insight into Mya’s home life. Meyer’s son was friends with Mya’s brother, who she saw visibly upset on the day of Mya’s death. Meyer testified that Mya’s brother had been caring for Mya all day and had asked their mother to call 911, but Bertino dismissed Mya’s condition as dramatic.
Dr. Michael Faulk, Chautauqua County Chief Medical Examiner, testified that Mya’s symptoms of diabetes should have been noticeable for weeks or months. Despite scheduling an appointment for Mya at Silver Creek Pediatric, Bertino never took her daughter to the appointment. An employee at the clinic testified that Bertino had reported Mya was vomiting but did not indicate that the situation was serious.
Following Mya’s death, her siblings were removed from the home by Child Protective Services. However, they were slated to be returned to Bertino’s custody. Chautauqua County Jason Schmidt, who disagreed with the decision, subsequently charged Bertino with second-degree murder. He noted that despite multiple reports of abuse, the tragedy still occurred.
The preliminary hearing is set to continue on Friday.