BRAXTON COUNTY, W.Va. –A Braxton County couple accused of killing their baby waived their rights to a preliminary hearing Monday, meaning the case will now head to a grand jury.
James J. Smith,34, and Angel Talbert ,23, of Gassaway, are charged with first degree murder and child neglect resulting in death and conspiracy after their baby died from a high rate of ethanol.
In November 2024, deputies were called to Braxton County Memorial Hospital to investigate the death of an infant. According to police, Smith and Talbert both said that they found the baby face down and not breathing. They said they tried performing CPR while on the way to the hospital, however the baby was later pronounced dead. Police also searched the home of the couple and found they were living in “very poor” conditions.
In a toxicology report, that was obtained earlier this month, there was an ethanol rate of 3.210 in the infant’s liver, which is deadly for infants.
According to the criminal complaint, Smith and Talbert later admitted to putting alcohol on the baby’s gums and around its mouth whenever the baby got irritable.
They are both being held without bond and will appear in court later this year.