BUCYRUS—Diane Ross, 50, of Galion, appeared in Crawford County Common Pleas Court on Wednesday for sentencing. In early November, Ross pleaded guilty to one count of child endangerment, a felony of the third degree punishable with up to 36 months in prison.
The charges resulted from an incident on May 18th. According to reports, someone from the home called 911 but then hung up. As emergency personnel traced the call, Avita Hospital informed them they were treating a toddler with a gunshot wound to the face. The child was transported by medical life flight to Children’s hospital but succumbed to his injuries. He was in the care of Ross, his grandmother, who also owned the gun.
Crawford County Common Pleas Court Judge Sean Leuthold ordered a pre-sentence investigation in the case.
Before Judge Leuthold sentenced Ross, her attorney Adam Stone told the court his client was remorseful and ready to take responsibility for her part in the tragedy:
“There’s plenty of blame to go around, but Diane knows leaving a gun out was her responsibility, and she accepts it.” Stone said.
Judge Leuthold addressed the court:
“Sadly, over the years, this court has had to deal with a lot of cases where children have been victims. There have been cases where children have been victims of intentional harm; those are horrible cases, and those offenders were sentenced appropriately. There have been cases where children have been hurt because a parent or a caregiver acted in an illegal or irresponsible manner by way of using alcohol or drugs or leaving those things out where they were available to a child. Those cases are a step-down. This case is different. I want to make it 100% clear that this was an accident. There was no purpose to hurt this child or to make this child suffer in any way. There was no cover-up, emergency personnel were called immediately, and CPR was attempted, “ Leuthold said.
Leuthold went on to express concerns over evidence he had just seen in photographs presented:
“But what concerns the court in this case and this was a piece of evidence that did not happen during negotiations, but I saw when I was going through documents. There was a loaded gun, a 22 caliber, and a holster. It was sitting on a shelf. The child stepped up on something like a portable stereo or device and was able to reach that gun. I don’t think the safety was on. We have a loaded firearm, a magazine in the gun, and a bullet in the chamber, and no safety turned on. It was down so low that a four-year-old can step on a little stereo to reach it. What makes matters worse is there’s no covering on this gun shelf, no doors, so the gun is visible. It is extremely negligent to have a gun visible with children in the house. I also noticed a pacifier on the shelf. I’m concerned about the pacifier. It’s purely speculation but could the four-year-old have been reaching for the pacifier? It seems like a terrible idea to put a pacifier next to a gun. I’m not going to consider that because it is pure speculation, but it troubles the court,” Leuthold said.
When given the opportunity to speak, Ross’ words were barely audible through her sobs.
Judge Leuthold said he did not feel prison is appropriate.
Leuthold acknowledged the victim impact statements he had heard earlier in November. “This was a very emotional case. I heard a deeply moving statement from a young mother on the loss of her child. This is certainly one of the toughest cases I have heard.” Leuthold said.
He sentenced Ross to 12 months in the Crawford County Jail as a sanction to her five years of community control. If Ross fails to successfully complete community control, she is subject to up to 36 months in prison.
Judge Leuthold ordered Ross to report to the Crawford County Jail on January 15th to begin her sentence. She will remain on house arrest and GPS ankle monitoring. She is not to be in the presence of any children.