On September 19, 2022, 13-month-old Emery Patterson was found unresponsive in bed by his mother, Gabrielle Marshall, while they were co-sleeping in their Scottsdale, Arizona home. The child was found with a fentanyl pill under his tongue and a baggie in his hand, having gained direct access to his mother's fentanyl pills. Rather than immediately calling 911, Marshall texted a friend stating the baby was dead and asking for Narcan, delaying emergency services by approximately two hours. Marshall and her friend administered Narcan, and paramedics transported the child to the hospital where he was pronounced dead. The cause of death was fentanyl intoxication. The child had a history with the Department of Child Safety, including being born exposed to methadone and fentanyl in utero, with a substantiated neglect case and in-home dependency that had been dismissed just approximately three and a half months before his death. Drug paraphernalia was found throughout the home, and an autopsy revealed unexplained punctures on the child's body. Marshall was initially indicted on first-degree murder charges but ultimately pled guilty to second-degree murder and child abuse, receiving a sentence of eleven and a half years in prison followed by ten years' probation.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Multiple sources explicitly confirm the child ingested fentanyl. The fatality report (Document 1) states "The investigation determined the cause of death was fentanyl intoxication." The 12News article (Document 5) reports "the baby allegedly ingested a fatal dose of fentanyl." The AZFamily article (Document 6) describes Marshall telling her friend "the baby was dead and ate her pills." The Fox10 article (Document 4) states "the child was found with a pill under his tongue and holding a bag."
Is there any mention of a drowning incident (either intentional or accidental)?
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
The Maricopa County Attorney press release (Document 7) explicitly states: "Victim had direct access to mother's fentanyl pills." The AZFamily article (Document 6) reports Marshall told her friend "she found the baby with a baggie in his hand and a pill under his tongue." Additionally, Document 7 states "Officers found drug paraphernalia in various places throughout Marshall's home." A 13-month-old having direct access to lethal fentanyl pills and drug paraphernalia constitutes inappropriate supervision.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
The 12News article (Document 5) reports: "An autopsy of the child revealed unexplained punctures to the child's thighs, and inner right arm that firefighters confirmed were not from their treatment." The AZFamily article (Document 6) corroborates: "An autopsy by a medical examiner shows that there were punctures to the baby that weren't made by paramedics." These unexplained punctures, which were not from medical treatment, imply inflicted injury, though the text does not explicitly determine their origin.
Is there any mention of malnutrition, starvation, or dehydration?
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
Is there any mention of a murder-suicide incident?
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
The DCS statement (Document 2) states: "The report alleged Emery was born exposed to methadone and fentanyl in utero." The medical examiner report (Document 3) corroborates this, noting a "medical history significant for...intrauterine exposure to methadone and fentanyl."
Is there any mention of sexual abuse?
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
The medical examiner report (Document 3) states the child was "found unresponsive and not breathing in bed by his mother while co-sleeping." Co-sleeping with a 13-month-old is generally recognized as an unsafe sleeping environment, though the death was caused by fentanyl intoxication rather than sleep-related asphyxia.
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
Was a biological mother involved in the death?
The child's biological mother, Gabrielle Marshall, was directly responsible for the child's death. The fatality report (Document 1) states she "was indicted on charges of first-degree murder, child abuse, tampering with physical evidence." The Maricopa County Attorney press release (Document 7) confirms she "pled guilty to Second Degree Murder...and Child Abuse." She was the only adult in the residence and the child had access to her fentanyl pills.
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
The medical examiner report (Document 3) notes a "medical history significant for intrauterine diagnosis of ventricular septal defect." A ventricular septal defect is a congenital heart defect (a hole in the wall between the heart's lower chambers), which constitutes a physical medical condition. However, the text does not indicate the extent to which this condition resulted in functional limitations or required ongoing treatment such as a feeding tube.
Is there any mention of prematurity or low birthweight?
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report (Document 1) and DCS statement (Document 2) detail three prior DCS reports: September 17, 2019 (neglect, unsubstantiated); January 30, 2020 (neglect, unsubstantiated); and August 24, 2021 (neglect to Emery Patterson, substantiated, leading to an in-home dependency petition). Document 2 provides additional detail, including that the August 2021 report alleged "Emery was born exposed to methadone and fentanyl in utero."
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
The fatality report (Document 1) states: "the mother, Gabrielle Marshall, was indicted on charges of first-degree murder, child abuse, tampering with physical evidence and attempting to commit tampering with physical evidence." The Fox10 article (Document 4) reports: "Officers booked 32-year-old Gabrielle Marshall into jail on suspicion of negligent homicide." The Maricopa County Attorney press release (Document 7) confirms she "pled guilty to Second Degree Murder...and Child Abuse" and "has been sentenced to eleven and a half years in prison."
Is domestic violence by the parent/caregiver referenced?
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
Multiple sources reference the mother's substance use. The 12News article (Document 5) states: "Blood was drawn from the defendant and examined by the state crime lab. The blood was later found to be positive for 4anpp, which is a precursor metabolite of fentanyl and norfentanyl." The mother admitted the child "got into her medication" (opiates). The AZFamily article (Document 6) notes police found internet searches for "baby took fentanyl." The Maricopa County Attorney (Document 7) states: "because of your addiction your child is gone." The DCS statement (Document 2) notes a prior 2020 report alleged "drug paraphernalia, weapons, and illicit drugs found in the home." The child was also born exposed to methadone and fentanyl in utero, indicating maternal substance use during pregnancy.
Notable Details
Several notable details materially affect a researcher's understanding of this case. First, the mother delayed calling 911 for approximately two hours after discovering the child. The AZFamily article (Document 6) reports: "She finally called 911 two hours after finding her baby with the pills," and instead texted a friend saying "the baby is dead; he ate pills I'm going to jail forever. Do you have any Narcan?" She also conducted internet searches including "baby took fentanyl" and "CPR on baby overdosing" during this delay. Second, the autopsy revealed unexplained punctures on the child's body not attributable to paramedic treatment, which contributed to the severity of charges. Third, the in-home dependency case involving Emery was dismissed on June 1, 2022—just approximately 3.5 months before his death on September 19, 2022—raising potential systemic questions about the adequacy of case closure assessments. Fourth, Marshall was initially indicted on first-degree murder charges but ultimately pled guilty to second-degree murder and child abuse, receiving 11.5 years in prison followed by 10 years' probation.
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