A 31-year-old Lewis County woman has yet to be charged by the Lewis County Prosecutor’s Office after she was arrested on suspicion of controlled substance homicide Thursday.
She remains in custody without bail.
Elizabeth Simpson, of Mineral, made a preliminary appearance in Lewis County Superior Court on Friday, despite the fact no charges had been filed.
Investigators recently learned that Simpson’s 3-month-old daughter had died with methamphetamine in her system on Oct. 22.
Because state law requires that detainees be charged within 72 hours of their arrest — excluding weekends and holidays — Judge Paul Strophy scheduled another preliminary appearance for Wednesday, Nov. 12.
That date can be amended, Strophy said, if the state decides to file charges sooner.
If no charges are filed, Simpson must be released, according to state law.
Prior to Strophy’s ruling, defense attorney Rachael Tiller requested that Simpson be released on an unsecured bail or else be given the opportunity to post, saying Simpson has resided locally throughout the investigation and has strong ties to the area.
Strophy chose to maintain the no-bail hold until the next appearance.
The Lewis County Sheriff’s Office issued a press release Friday morning detailing elements of the investigation, which began when Simpson’s infant daughter was transported to Morton General Hospital from her home in Mineral on Oct. 22.
According to the probable cause affidavit filed by the Lewis County Prosecutor’s Office, “Rigor mortis was apparent upon arrival at the hospital and (the infant) was cold to the touch, based on the medical reports from the emergency department.”
The infant was pronounced dead about 18 minutes after arriving at the hospital.
“During the following investigation and autopsy, fluids were collected from the deceased for scientific testing,” the sheriff’s office stated in its release. “When the results came back, they showed the presence of methamphetamine in the infant’s system.”
Detectives obtained a search warrant for Simpson’s home and arrested her on Nov. 6. They also obtained additional evidence.
According to the release, Child Protective Services took the other children living in the home into protective custody.
The probable cause affidavit further explains the basis to charge Simpson with controlled substance homicide, alleging a number of false statements and subsequent admissions.
“During the interview with Elizabeth, Elizabeth denied any additional risk factors pertaining to (the infant’s) death,” the affidavit states, including "shaking (the infant)” or “abuse/neglect items.”
Simpson allegedly denied using drugs in the last two years, as well, and said she had breastfed — and occasionally bottlefed — the infant.
Deputies reportedly did not discover any drugs or paraphernalia at the home during their initial evaluation of the scene, nor did they find any “notable items for abuse and/or neglect,” according to the affidavit. They did, however, determine that the scene had been altered.
A deputy later confirmed that another person had entered the home after the incident to “remove the other children” during the investigation, according to the affidavit.
“During this time, (the person) made the bed, started laundry, and prepared food for the additional children. (They) then took the children to a nearby park while the investigation was being conducted,” the affidavit states.
Toxicology reports noted that the infant’s blood “contained 120 nanograms per milliliter of blood of amphetamine, and 280 nanograms per milliliters of methamphetamine,” along with “presumptive properties for caffeine and naloxone,” according to the affidavit.
“It is worth noting the medical staff who treated (the infant) administered naloxone, however, they were unaware of drug exposure at the time and administered as a ‘last resort’ effort to resuscitate,” the affidavit states.
On Nov. 6, Simpson allegedly admitted to smoking methamphetamine during both her pregnancy and the infant’s lifetime, saying that she last smoked methamphetamine on Oct. 19 and 20 — just days prior to the infant’s death.
“She said she knew she shouldn't breastfeed and smoke methamphetamine as she knew it could transfer to the baby,” the affidavit states.
Deputies also reportedly found drug paraphernalia in a trash bag that was removed from the home on the day of the infant’s death.
In its release, the Lewis County Sheriff’s Office requested that anyone with information about the case call the office at 360-748-9286 or Lewis County Communications at 360-740-1105.
The Chronicle will continue to cover this story.