Ashley Bertino, a 36-year-old mother from upstate New York, was present in a courtroom on Thursday while witnesses provided testimony regarding the neglect that is said to have contributed to the death of her 12-year-old daughter.
On April 29, Mya Smith, the daughter of Bertino, passed away in her home under circumstances that were not immediately clear. The coroner determined that Mya passed away from diabetic ketoacidosis, a condition that arises from untreated diabetes. The Erie County Medical Examiner’s Office classified the death as a homicide due to medical neglect.
After an extensive investigation by the Chautauqua County District Attorney’s Office, Bertino was arrested on Monday and charged with second-degree homicide.
At a preliminary hearing in Hanover Town Court on Thursday, Bertino heard from multiple witnesses who described Mya’s condition before her death, including Colleen Smith, a bus driver who had known the girl for several years. Smith, clearly moved while sharing her thoughts, recalled how Mya always took a seat directly behind her on the bus and affectionately called her her “bestie.”
Smith testified that Mya and her siblings “often looked unkempt,” as reported by The Post-Journal. The children frequently wore unsuitable clothing, which was in bad shape, and faced issues with hygiene.
Smith, a school bus driver, is obligated to report any signs of child abuse, and she fulfilled that duty. Smith mentioned informing the school nurse at Silver Creek Central School about Mya, who frequently expressed her thirst and “would drink two full bottles while on the bus.”
Two weeks prior to Mya’s passing, her siblings informed Smith that Mya was “very ill” and “unable to get out of bed.” She attended school just a couple of times during that period.
Amy Bartell, the Dean of Students at Silver Creek Central School, provided testimony regarding the untidy look of Mya and her siblings. Mya, in particular, ““would smell like urine.” Bartell communicated with Bertino through email and text, mentioning that Bertino “would protest if Mya wanted to see a school nurse and was upset that Mya’s gym teacher wanted her to get a note from a doctor about why she wasn’t able to participate in gym class.”
Jill Meyer, a neighbor of Bertino, shared some insights about Mya’s home life. On the day Mya passed away, her brother was seen by Meyer, visibly upset as he cried and paced back and forth. Meyer stated that he informed her he had been looking after Mya throughout the entire day. He attempted to splash water in his sister’s eyes and urged his mother to dial 911, but she declined, claiming that Mya ‘was being dramatic.’
Chautauqua County Chief Medical Examiner Dr. Michael Faulk testified regarding Bertino’s ability to recognize issues with her child, stating that “Mya should have been showing symptoms of diabetes for weeks or months and that any medical professional should have been able to identify her as a diabetic.” Bertino arranged an appointment for Mya at Silver Creek Pediatric before her passing, but Juliana Post, a staff member at Silver Creek Pediatric, stated that the visit did not occur.
Post testified that Bertino mentioned Mya was vomiting, but “did not suggest that there was anything seriously wrong.” Bertino was told to take Mya to the hospital if her condition deteriorated.
Following Mya’s passing, Child Protective Services took her siblings from the household, but they were scheduled to return to Bertino’s care. Jason Schmidt from Chautauqua County expressed to WKBW, a local ABC affiliate, that he believed it was unwise to return the children to the same home where Mya Smith had passed away.
Schmidt subsequently accused Bertino of second-degree murder. He pointed out that numerous individuals informed authorities about signs of abuse, yet “here we are, and it’s tragic, it’s terrible.”