Mother of toddler killed in fire faces prison time - December 6, 2003

Mail Tribune (Medford, OR — Wayback)

2003-12-08

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41 °F 5 Day Forecast Sunday, December 7, 2003   Today's News | Classifieds | Autos | Homes | Jobs | Tempo | eSouthernOregon | Home Delivery   SECTIONS Home Page Local News Sports Business Obituaries   Life   Opinion - Politics   AP News   Weather   Classified   Archives   Site Map   EXTRA   Newspaper in Education   Personals   Movie Times   TV Times   E The People   CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad  eSouthernOregon Automotive Communities   Entertainment   Publications   Recreation   Calendar   CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit   Network Affiliate Email Story to a Friend December 6, 2003 Mother of toddler killed in fire faces prison time By SARAH LEMON Mail Tribune The mother of a 3-year-old killed in an Ashland apartment fire last year pleaded guilty to criminal charges connected with her daughter’s death. Michelle Lea Wimberly, of the 1000 block of Stevens Street, Medford, will be sentenced at a later time in Jackson County Circuit Court on charges of criminally negligent homicide and fourth- degree assault. A hearing date has not been set, but prosecutors have asked that Wimberly receive a prison sentence of two years and four months. A methamphetamine addict, Wimberly was arrested nearly a year after the fire that killed Ashley Nicole Day, and injured 16-month-old Kimberly Ann Day. The 26-year-old mother was set to face a jury next week on a charge of second-degree manslaughter, which would have required a minimum prison sentence of six years and three months under Oregon’s tough-on-crime law, Measure 11. Wimberly had been using meth when she placed a lighted stick of incense on a shelf in the girls’ room on the morning of Feb. 7, prosecutors said. The smoldering stick either fell from the shelf onto fabric or touched something flammable, igniting the blaze, fire officials said. The door to the girls’ room was shut when the fire broke out, investigators said. Wimberly argued in court that she wasn’t aware of the fire because she was asleep, and smoke detectors in the Terra Avenue apartment were not working. Advertisement However, Wimberly had such a high level of meth in her body that neighbors could hardly rouse her from her bed when they discovered the fire, said Terry Smith-Norton, deputy district attorney for Jackson County. When firefighters arrived, the blaze had burned itself out for lack of oxygen because the door to the girls’ room was closed, officials said. Wimberly pulled Kimberly outside, but Ashley was still inside the apartment when rescue crews showed up. Police initially had said there didn’t appear to be any crime involved. Ashley was pronounced dead that day at Rogue Valley Medical Center. Kimberly was hospitalized with serious injuries and released three days later. Wimberly was convicted in April of possessing meth in an unrelated case and was sentenced to 10 days in jail in addition to one year and six months’ probation. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] . Mail Tribune Home Local News  | Sports  | Business  | Obituaries  | Life Opinion - Politics | AP News | Archives  |  Site Map   E Southern Oregon  | Classified   Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback 3 WEEKS FREE!   ADVERTISERS SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times