Topline: Test results from the medical examiner revealed the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child.
Published: April 23, 2025 7:30 am ET
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James Joseph Smith, left, and Angel Talbert (via Braxton County Sheriff’s Department)
GASSAWAY, WV — Two parents from West Virginia have been charged with first-degree murder after the death of their 4-month-old baby, who was found to have a fatal level of alcohol in her system.
James Joseph Smith, 34, and Angel Talbert, 23, of Gassaway, were arrested last week and are also facing charges of child neglect resulting in death and conspiracy, according to the Braxton County Sheriff’s Department.
The baby died on November 16. Months later, on April 10, deputies received medical examiner results revealing the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child, officials said.
Court documents obtained by WDTV indicate the couple admitted to regularly rubbing alcohol on the baby’s gums when she became fussy, doing so almost daily for a month prior to her death.
In interviews, Smith said Talbert discovered the baby unresponsive early the morning of her death. The couple attempted CPR and were driving to the hospital when they met an ambulance at the bottom of their driveway. The child was pronounced dead at 5:32 a.m.
Deputies who visited the home reported poor living conditions, including roaches, no running water, and the presence of drug paraphernalia in a back room.
After the toxicology results came back, the couple admitted to using rubbing alcohol on the baby’s gums.
Smith and Talbert are being held without bond at Central Regional Jail.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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4-Month-Old Dies After Parents Rub Alcohol on Gums Daily, Police Say
Test results from the medical examiner revealed the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child.
By Jacob Charles
Published: April 23, 2025 7:30 am ET
James Joseph Smith, left, and Angel Talbert (via Braxton County Sheriff’s Department)
GASSAWAY, WV — Two parents from West Virginia have been charged with first-degree murder after the death of their 4-month-old baby, who was found to have a fatal level of alcohol in her system.
James Joseph Smith, 34, and Angel Talbert, 23, of Gassaway, were arrested last week and are also facing charges of child neglect resulting in death and conspiracy, according to the Braxton County Sheriff’s Department.
The baby died on November 16. Months later, on April 10, deputies received medical examiner results revealing the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child, officials said.
Court documents obtained by WDTV indicate the couple admitted to regularly rubbing alcohol on the baby’s gums when she became fussy, doing so almost daily for a month prior to her death.
In interviews, Smith said Talbert discovered the baby unresponsive early the morning of her death. The couple attempted CPR and were driving to the hospital when they met an ambulance at the bottom of their driveway. The child was pronounced dead at 5:32 a.m.
Deputies who visited the home reported poor living conditions, including roaches, no running water, and the presence of drug paraphernalia in a back room.
After the toxicology results came back, the couple admitted to using rubbing alcohol on the baby’s gums.
Smith and Talbert are being held without bond at Central Regional Jail.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Editor Picks
Latest Articles
4-Month-Old Dies After Parents Rub Alcohol on Gums Daily, Police Say
Test results from the medical examiner revealed the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child.
By Jacob Charles
Published: April 23, 2025 7:30 am ET
James Joseph Smith, left, and Angel Talbert (via Braxton County Sheriff’s Department)
GASSAWAY, WV — Two parents from West Virginia have been charged with first-degree murder after the death of their 4-month-old baby, who was found to have a fatal level of alcohol in her system.
James Joseph Smith, 34, and Angel Talbert, 23, of Gassaway, were arrested last week and are also facing charges of child neglect resulting in death and conspiracy, according to the Braxton County Sheriff’s Department.
The baby died on November 16. Months later, on April 10, deputies received medical examiner results revealing the infant’s liver tested positive for ethanol at a level of 3.210 — a fatal amount for a child, officials said.
Court documents obtained by WDTV indicate the couple admitted to regularly rubbing alcohol on the baby’s gums when she became fussy, doing so almost daily for a month prior to her death.
In interviews, Smith said Talbert discovered the baby unresponsive early the morning of her death. The couple attempted CPR and were driving to the hospital when they met an ambulance at the bottom of their driveway. The child was pronounced dead at 5:32 a.m.
Deputies who visited the home reported poor living conditions, including roaches, no running water, and the presence of drug paraphernalia in a back room.
After the toxicology results came back, the couple admitted to using rubbing alcohol on the baby’s gums.
Smith and Talbert are being held without bond at Central Regional Jail.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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