Smith
The parents facing charges after their 3-year-old child overdosed are out of jail, with court hearings expected late this spring.
Dennis Dean Roberts II, 35, of 3793 W. Suburban Court posted a $5,000 cash bond on Jan. 22 – about five days after the overdose incident took place. He’s been formally charged with neglect of a dependent resulting in bodily injury as a Level 5 felony, as well as maintaining a common nuisance (controlled substances) as a Level 6 felony.
Roberts
Roberts bonded out of jail and retained an attorney, while investigators have already submitted probable cause to the courts. For those reasons, two dates set aside for initial hearings were canceled in Bartholomew Superior Court 1.
Future hearings for Roberts before Judge James Worton have not yet been scheduled. However a court reporter says she anticipates a pre-trial conference or change of plea hearing will take place in June, with a tentative trial date likely in July.
Bond for the mother, Dakota Danielle Smith, was lowered to $2,500 cash bond on Jan. 31. A pretrial release from the jail took place on Feb. 10. However, the conditions of release for Smith, 36, are more complex for Smith, who is facing more serious charges than the father.
After her release, Worton ordered Smith to immediately obtain a substance abuse evaluation at her expense and follow recommendations based on the results.
But Worton also stated that if Smith is accepted into a drug treatment program with Volunteers of America (VOA), the court would agree to release her directly to VOA without bond. Several other conditions were set in a pretrial release order that Smith must follow in order to keep out of jail.
Smith is charged with neglect of a dependent resulting in bodily injury resulting in bodily injury as a Level 5 felony; possession of a narcotic drug as a Level 5 felony; and a misdemeanor charge of possession or paraphernalia. She’s scheduled for a pre-trial conference or change of plea hearing at 10:30 a.m. on May 5. A tentative trial date is scheduled for June 3.
On Jan. 17, Smith pulled into Fire Station 1 at 11th and Washington streets to get immediate medical help for her unconscious child. The toddler was taken by medical personnel to the emergency room at Columbus Regional Hospital with symptoms of an opioid overdose, according to police.
Smith told investigators she was awakened by the child, who had an old makeup compact in one hand. The toddler was making non-verbal indications that the child may have eaten what was in the compact, according to a probable cause affidavit. Smith told investigators the compact had been used to store illegal narcotics, according to court documents.
The mother said she was trying to rush the toddler to the emergency room, but pulled over for paramedic help after the child either fell asleep or lost consciousness, the affidavit states. The child was responsive to naloxone, an emergency nasal treatment for overdose victims, according to the affidavit. A blood sample from the child taken at Columbus Regional Hospital returned positive for fentanyl, according to court documents.
After Roberts arrived at the hospital and talked briefly to investigators, he drove to his home near Tipton Lakes and found more deputies and detectives outside the house, according to the affidavit.
Once a search warrant was obtained, investigators found marijuana and THC wax in the house. They also found burnt aluminum foil with residue, a suboxone pill, and a multi-colored glass smoking device with burnt residue, according to the affidavit.
The child was treated and later released from the hospital.
