BENTONVILLE -- A Gentry man admitted his guilt Wednesday in the death of his 6-month-old son.
Austin Moss, 23, pleaded guilty to manslaughter, a felony punishable with a prison sentence ranging from three to 10 years. His plea was without the benefit of a plea agreement, so his sentencing will be up to Benton County Circuit Judge Robin Green on Aug. 4.
Moss and his former wife, Jennifer, were arrested Feb. 10, 2015. Their jury trial was set to begin Tuesday, and Green was to decide Wednesday whether the couple would be tried together or separately. The issue became moot with Austin Moss' guilty plea. Jennifer Moss, 21, is set for trial next week. Austin Moss is expected to testify.
The investigation began Jan. 25, 2015, after firefighters and police responded to 300 Meadow Court, No. 8 in Siloam Springs for a report of a baby who had no pulse and wasn't breathing. Attempts to save the child failed.
The baby's body was sent to the state crime laboratory in Little Rock for an autopsy. Preliminary results showed the cause of death was asphyxia due to co-sleeping, according to court documents.
Austin Moss told police he woke up Jan. 25 and found his son under him, according to court documents. Austin Moss told police he began to smoke methamphetamine Jan. 24, and he didn't go to sleep until late that night. Moss said he and his wife later smoked marijuana.
Jennifer Moss also told police she smoked methamphetamine and marijuana, according to court documents.
They were staying with a friend in Siloam Springs, according to the documents.
Stuart Cearley, Benton County's chief deputy prosecutor, said the pediatrician for the Mosses' son warned the couple about the dangers of co-sleeping.
Austin and Jennifer Moss would sleep with their son, Andrew, on two love seats pushed together and facing each other, Cearley said.
Green also held a short suppression hearing Wednesday. Joel Huggins, the attorney for Jennifer Moss, filed a motion seeking to suppress the last statement Moss gave to police.
Green denied the motion and prosecutors can use the statement at the trial expected to last two days. Prosecutors have six to seven witnesses, Cearley said.
Forty-five prospective jurors will be called for jury selection.
Jennifer Moss is free on $75,000 bond. Austin Moss is free on a $50,000 bond.
NW News on 07/14/2016