On August 6, 2023, 6-month-old Nova was found unresponsive and pinned between her mother, Shealee Kristin Smith (18), and the back cushions of a couch at a friend's home in Penrose, Colorado. Smith, the sole caretaker that night, had smoked a dab of concentrated marijuana before falling asleep on the couch while feeding the baby. A pack-and-play that the baby normally slept in was available but had been left in the car. The El Paso County Coroner's Office determined the baby's death was consistent with asphyxia due to co-sleeping. Smith admitted to law enforcement that the marijuana was probably why she did not wake up. She was arrested on August 31 and charged with child abuse resulting in death, a Class 2 felony.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
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 news article describes Smith as "the sole caretaker at a home that night" who "chose knowingly to smoke marijuana, not even just a joint, but specifically she admitted to personnel on the scene that she smoked dabs, which is a higher concentrate of marijuana and then fell asleep while co-sleeping with her child." Smith herself admitted: "that's probably why I didn't wake up, because I smoked before I went to bed last night." Her impaired state and failure to use the available pack-and-play (which was still in the car) constitutes a form of inappropriate supervision of the infant.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
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)?
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 news article explicitly describes an unsafe sleeping environment. The baby was co-sleeping on a couch and was "found unresponsive and pinned between her and the cushions on the back of a couch." The El Paso County Coroner's Office confirmed "the baby's death appeared to be consistent with asphyxia due to co-sleeping." Additionally, Smith "had a pack-and-play that the baby usually slept in, but it was still in the car," demonstrating a safer alternative was available but not used.
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 news article identifies Shealee Kristin Smith as the baby's mother/parent. The Deputy DA stated she "was the only guardian or parent there and had the responsibility of Nova." Smith was co-sleeping with the baby, had smoked marijuana, and the baby was found "unresponsive and pinned between her and the cushions on the back of a couch." She was arrested and charged with child abuse resulting in death.
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)
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)?
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 news article states: "Shealee Kristin Smith, 18, was arrested Aug. 31 on suspicion of the charge, which is a Class 2 felony." The charge is "child abuse resulting in death." A magistrate found sufficient probable cause to bind over the charge at the preliminary hearing.
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?
The news article explicitly describes substance use by the caregiver/parent. Smith "admitted to smoking a 'dab' the night before her 6-month-old baby was found unresponsive." She stated: "I did; that's probably why I didn't wake up, because I smoked before I went to bed last night." The prosecution also noted she "chose knowingly to smoke marijuana, not even just a joint, but specifically she admitted to personnel on the scene that she smoked dabs, which is a higher concentrate of marijuana."
Notable Details
The news article notes a potentially significant investigative gap: Smith's defense attorney "pointed out that law enforcement did not do any blood tests to see at what level the THC was in his client's system after the event." This absence of toxicology testing on the caregiver is notable because the prosecution's theory hinges on Smith's marijuana impairment contributing to the death, yet no objective measurement of her intoxication level was obtained. Additionally, the prosecution made a specific distinction about the type of marijuana consumed — dabs (a higher concentrate) versus a joint — arguing this elevated the level of impairment and thus the negligence involved.
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