Buffalo, N.Y. (WBEN) - Last week, the Western New York community heard word about the disturbing case of 24-year-old Buffalo woman Naesha Lumpkin allegedly keeping her 2-year-old son in a makeshift cage covered in fecal matter and urine, denying him the ability to even stand up when trapped inside.
She is now facing a child endangerment charge, which is a Class "A" misdemeanor in New York State.
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"I've never seen a situation exactly like that, where a crib was kind of made into a makeshift cage. But unfortunately, in my eight years, I saw a lot of endangering of the welfare of a child cases where there was this genuine neglect," said former Erie County District Attorney John Flynn, now Lippes Mathias LLP in Buffalo.
It was back on Feb. 8 when New York State Police were executing a warrant at a residence on Chadduck Avenue for an unrelated crime when they discovered the 2-year-old inside a piece of crib that was sealed by a playpen structure.
Both Flynn and Acting Erie County District Attorney Michael Keane confirm those who are found guilty of endangering the welfare of a child would receive the maximum sentence of one year of jail time in a local facility.
Flynn notes there are a number of factors that would determine a maximum sentence, such as if the accused has a mental illness or has any prior convictions.
"It's going to depend on whether or not the defendant has any prior convictions, whether or not the defendant has shown any remorse for what happened, and whether or not the defendant can articulate to the court a reason why she may have done this, it's highly unlikely that any reason would satisfy the judge. But again, she and her attorney will have that opportunity to [discuss] that," Flynn said.
"A lot of times when there's people who are involved in these situations, there is on occasion some type of mental illness involved here. And so if there is a finding that this woman has some mental illness or has some issues, that obviously going to play in her favor, where she won't go to jail, and she'll get some help and treatment."
The 2-year-old was found with bruises on his face and body, as well as cracked ribs. According to Flynn and other reports, the injuries were too old at the time the boy was transported to Oishei Children's Hospital for police to make a sufficient, evidence-based case to connect a child abuse charge to the 24-year-old mother.
Keane notes in this particular case, Erie County's Child Protective Services are still investigating.
"What happens with the custody of that child is, is going to be determined by someone else. But we are certainly taking the charge that she is facing seriously, and it will proceed through its course in Buffalo City Court," Keane noted.
Are there chances this woman could regain custody of the child and repeat her offenses?
"There's always a possibility of that," Flynn noted. "But, in my time as DA, I've always seen the Child Protective Services act in a manner which is in the best interest of the child. There are a slew of outcomes here on that end of it, but I can assure the listeners that the county's Child Protective Services are going to do a thorough investigation and they're going to look out and make sure that the child's best interests are are kept at heart here and make sure that that child is going to be safe going forward."
Lumpkin is scheduled to appear in court on June 13.