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MOUNDSVILLE - Amber Brothers, 32, of Garvins Lane, Mount Olivet, was sentenced to one to five years in prison by Marshall County Circuit Court Judge Jeffrey Cramer after pleading guilty to harming her teenage son.
Marshall County Prosecutor Joe Canestraro said Brothers had pleaded guilty to the charge of "child neglect creating a substantial risk of serious bodily injury or death" after she was arrested for beating up the boy.
"When she is released, she will have to register for 10 years on the child abuse registry and will have 10 years of supervised release with probation," he said.
The state's child abuse registry is similar to the sex offender registry in that it is overseen by the West Virginia State Police. However, it does not have a website to look up offenders.
Canestraro said he and Assistant Prosecutor Andrea Poling, who prosecuted the case, were pleased with the outcome as it was what they asked for.
He noted the home where the incident took place was in deplorable condition and "one of the worst I've ever seen." He believes a separate abuse proceeding will take place for the other children who were living there.
"She in all likelihood will lose her right to having the boy and the other subjects in the case," he said.
Canestraro said the last he had heard the boy is doing pretty well now. Brothers was originally arrested in February for strangling her teenage son in a fight over a cell phone.
According to the original criminal complaint filed in Marshall County Magistrate Court, the boy told the deputy that his mother was upset and demanded his cell phone. She "grabbed him by the throat, kicked his legs out from under him and picked him and slammed him into a door," the complaint states.
Brothers continued choking the boy and threatened to kill him. The boy went outside and Brothers hit him in the back of the head with something wooden.
Medical staff told the deputy that the boy suffered a fractured lumbar in his back. There was visible bruising to his neck and he also had bruising to his right eye.
The deputy then went to the home where the incident occurred to check on the welfare of four other children. The deputy obtained a search warrant based on the condition of the porch. Inside the home, the deputy said the condition of the residence allegedly was dilapidated and full of trash and clothing about the home. There was also allegedly dog feces inside from two large pet dogs.
"The other children were asleep in the horrible conditions," the complaint stated.
Two bags containing suspected marijuana were found inside the bedroom where the youngest child was sleeping. Drug paraphernalia was also found in the bedroom, the complaint stated.
"The defendant alleged she did not intentionally hurt (her son), but a struggle ensued when she tried to take his cell phone," the complaint noted. "The defendant did not deny what (her son) alleged, admitting to wrestling on the floor and using her arm on his neck."