SUNBURY - The Shamokin woman accused of neglect in the hypothermia death of her mother has asked a Northumberland County judge to either lower her bail or dismiss her criminal charges outright.
Mary Collins' public defender didn't deny in court Wednesday that his client was caring for Ellen Jackson, 66, when the woman froze to death amid a record cold snap in February. But Collins' role in providing for her late mother and whether it meets the legal definition of "caretaker" is at issue in her motion to dismiss. John Broda said prosecutors didn't present enough evidence to establish that Collins was the legal caretaker.
Michael Toomey, assistant district attorney, said anyone obligated to care for someone in exchange for money is a caretaker. Through witness testimony, Toomey sought to establish that Collins received her mother's Social Security payments through direct deposit to take care of the home they shared in the 600 block of Spurzheim Street.
The funds were used to pay utility bills and provide food, Collins' ex-fiance, Donald Geise, testified. Geise said Collins fed her mother, bathed her and administered her medication.
Judge William H. Wiest presided over Wednesday's hearing and will issue a written ruling in the coming days.
Broken furnace
Jackson died Feb. 16 at Geisinger-Shamokin Area Community Hospital, Coal Township. Temperatures ranged that day from -9 degrees Fahrenheit to a high of 9 degrees. Jackson's initial body temperature was 81 degrees Fahrenheit when she arrived. She warmed to 90.9 degrees before her sons allowed doctors to remove her from life support. Hypothermia sets in when body temperature dips below 95 degrees.
Police Chief Darwin Tobias III charged Collins, 45, of 224 N. Shamokin St., with neglect of a care-dependent person and involuntary manslaughter. She's held in York County Prison on $100,000 bail.
Police reports say Jackson fell from a recliner overnight, and that Collins failed to help her off the floor or seek medical attention. About seven hours allegedly passed after the midnight fall before Collins called 911 and an ambulance arrived. The home's furnace was broken, but there were two space heaters inside the home - at least one of which was operable.
Ken Jackson, Collins' brother, maintained in testimony Wednesday that he was chased from the home when he responded sometime during the overnight hours after his sister had called his cell phone for help. He said Collins threatened to bar him from ever seeing his mother again if he called for an ambulance. He left and didn't call 911 himself, he told the court, out of fear that he would be charged with trespass as Collins allegedly also threatened.
Northumberland County Coroner James F. Kelley testified that the house was frigid when he visited several days after the death was reported to inspect the property. He had been wearing several layers of clothing, but he still felt a significant chill. He also said the temperature gauge was bottomed out.
A furnace was broken and appeared to have not been operated in some time, Kelley said, although Collins told police it broke just days before Jackson's death. Photos showed broken furnace pipes, a dusty burner unit and an empty oil tank.
Kelley's pictures also backed up police reports that the home was an utter mess. It was filled with garbage and animal feces in all rooms - kitchen, living, bedroom and bath. Carpets were stained and food in the refrigerator was moldy. There was no running water, and there was a bucket in the bathroom for human waste, Kelley said.
Tobias said Collins' 7-year-old daughter also was living in the home, but did not appear to have been outwardly harmed by the living conditions. The police chief told the court that Collins said it was too difficult to care both for her mother and her daughter, both of whom had medical conditions.