In a courtroom in Hanover Town Court on Thursday, 36-year-old Ashley Bertino listened as witnesses described the neglect that allegedly contributed to her 12-year-old daughter, Mya Smith’s, death earlier this year. Bertino, who has been charged with second-degree homicide, faces a long legal road following the death of her daughter in April.
On April 29, Mya passed away unexpectedly in her home, with initial causes unclear. However, the coroner later determined that Mya died from diabetic ketoacidosis, a life-threatening condition caused by untreated diabetes. The Erie County Medical Examiner’s Office classified the death as medical neglect, ultimately ruling it a homicide.
Bertino was arrested on Monday after a months-long investigation by the Chautauqua County District Attorney’s Office. During Thursday’s preliminary hearing, multiple witnesses testified about Mya’s deteriorating health and the conditions leading up to her tragic death.
One witness, Colleen Smith, a school bus driver, described how Mya, who often sat behind her on the bus, was known to say she was thirsty and would drink excessive amounts of water during the ride.
Smith, who had grown close to Mya, described the child as often appearing unkempt, with poor clothing and a noticeable odor. As a mandated reporter, Smith had previously alerted the school nurse about Mya’s behavior, including her excessive thirst.
Just two weeks before Mya’s death, Smith was told by Mya’s siblings that the girl was too sick to get out of bed, and that she had missed several days of school. Amy Bartell, the Dean of Students at Silver Creek Central School, also testified that Mya often came to school with poor hygiene, and smelled of urine. Bartell recalled that Bertino had been resistant when Mya’s gym teacher suggested a doctor’s note to excuse her from physical activities.
Bertino’s neighbor, Jill Meyer, shared disturbing details about Mya’s final moments. Meyer recalled that Mya’s brother had been taking care of her and had tried to get his mother to call 911, but Bertino refused, claiming Mya was “being dramatic.”
Chautauqua County Chief Medical Examiner Dr. Michael Faulk testified that Mya’s diabetes should have been noticeable for weeks or even months before her death, and any medical professional should have identified the condition. Bertino had scheduled an appointment for Mya at a local pediatric office but did not follow through, according to testimony from Juliana Post, an employee at Silver Creek Pediatric.
After Mya’s death, Child Protective Services removed her siblings from the home. Chautauqua County officials have expressed concerns about returning the children to Bertino’s custody, citing the circumstances surrounding Mya’s death.
The preliminary hearing will continue on Friday, as the case against Bertino unfolds.