BENTONVILLE -- Austin Moss told police he woke to find his 6-month-old son dead in bed with him and his wife, according to court documents.
Moss and his wife, Jennifer, were arrested Tuesday in connection with manslaughter. They were being held Wednesday in the Benton County Jail on $100,000 bonds.
Possible Charges
Manslaughter is a Class C felony punishable with a prison sentence ranging from three to 10 years.
Their arrests stem from an investigation that began Jan. 25 when firefighters and police officers were called to 300 Meadow Court No. 8 in Siloam Springs for a report of a baby in cardiac arrest. The baby was found without a pulse and wasn't breathing. Lifesaving attempts were unsuccessful.
The baby's body was sent to the state Crime Laboratory in Little Rock for an autopsy. Preliminary results indicate the cause of death was asphyxia due to co-sleeping, according to court documents.
Austin Moss, 21, of Gentry told police he woke Jan. 25 and found his son underneath him, according to court documents. He told police the boy was blue and wasn't breathing.
Austin Moss told police he began to smoke methamphetamine Jan. 24 and didn't go to sleep until late that night. Moss said he and his wife later smoked marijuana. They took turns holding the baby while the other one smoked, the probable cause affidavit states.
Moss said they smoked one to two "bowls" of marijuana before going to bed, according to affidavit.
Austin Moss told police he slept "really hard" because he hadn't slept the night before. He said he normally feels the baby against him when he sleeps but didn't feel him that night.
Jennifer Moss, 19, also of Gentry, told police she and Austin Moss smoked methamphetamine then used marijuana to help them sleep, the affidavit states.
She said they slept hard because they had been awake for three days.
Austin Moss told police he and his wife recently moved into the Meadow Court home of Shay Hitchcock, according to the probable cause affidavit.
Hitchcock told police the Mosses and their son lived with her for three weeks. They slept on two love seats pushed together in the living room. Hitchcock told police a crib also was in the living room, but the couple didn't use it, according to court documents.
Hitchcock said she was awakened between 2 and 3 a.m. Jan. 25 by the baby's crying, according to the affidavit. Hitchcock said she went into the living room and gave the baby a bottle, burped him and put him back into his father's arms.
The baby began to cry again between 2:50 to 3:50 a.m. Hitchcock said she checked on him and he was back asleep.
When Hitchcock woke at 8 a.m. she walked by the love seats and saw the Mosses, but she didn't remember seeing the baby, according to the probable cause affidavit. Hitchcock said she went back in the living room an hour later when she heard Jennifer Moss scream.
Prosecutors haven't filed formal charges against the couple. Arraignments are set for 8 a.m. March 23 in Circuit Judge Brad Karren's court.
NW News on 02/12/2015