Apr 1, 2015 5 min read

WAYNESBURG – Ashley Renee Cordwell, the 19-year-old Dilliner mother found guilty by a jury in January of recklessly endangering her infant daughter, was sentenced Wednesday to serve a county intermediate punishment sentence of 60 days to 23 ½ months.

Charges were filed against Cordwell Dec. 10, 2013, a little more than four months after doctors at Ruby Memorial Hospital in Morgantown, W.Va., reported suspected abuse to her then 2-month old daughter, Mackenzie. The infant was brought to the emergency department for a fractured femur bone. At that time, doctors compared x-rays of Mackenzie, taken May 22, 2013, following her birth at Ruby Memorial, and those taken by doctors treating the broken femur. Radiologist Jeffrey Lancaster testified at trial these x-rays showed more than 18 bone fractures in various stages of healing to Mackenzie’s ribs, legs and arms.

Greene County President Judge Farley Toothman sentenced her to spend at least 60 days in the county jail, although she has the option to serve that time either through work release or on weekends. The next 30 days after that will be under house arrest with an ankle monitor, with the remaing time under Greene County Adult Probation.

“The neglect of a child is child abuse and baby Mackenzie is the victim,” Toothman said as he addressed Cordwell. “Not was, is.”

Mackenzie is currently in the care of a foster family, with whom she was placed in July 2013.

Cordwell’s attorneys, Rachel Wheeler and David Pollock, asked the judge for a stay on the sentence until May 2, pending a possible appeal. Cordwell will remain free until that date on unsecured bond.

Prior to sentencing, Assistant District Attorney Briana Vanata raised the issue of requests made by the commonwealth to limit visitation between Mackenzie and her parents, leading up to their respective criminal cases being adjudicated.

Bobby Sammons, the former live-in boyfriend of Cordwell and also the father of Mackenzie, accepted a plea agreement in August, to charges of a parent or guardian endangering the welfare of children, simple assault and recklessly endangering another person. Sammons admitted that he was responsible for the broken femur bone but maintained it was an accident. He said he did not know how any of the other injuries occurred but suggested it could have been Cordwell or anyone else who was alone in the residence with his daughter. Sammons is currently serving a sentence of 2 to 5 years at State Correctional Institution-Mercer.

Vanata said visitation was steadily increased by Toothman and Greene County and Youth Services, with both parents, including visits to the Greene County jail with Sammons. Vanata said the commonwealth’s requests were made based upon the severity Mackenzie’s injuries and the unexplained nature of the majority of them. She said she recognized the challenge it presented to the court to sentence Cordwell on the criminal charges, in light of the favorable decisions toward her in Mackenzie’s child custody case.

“We ask the court to remember the suffering of Mackenzie Sammons at just two months old. She is the victim in this case, not Ashley Cordwell,” Vanata said.

Wheeler told Toothman there is nothing to be gained by a sentence of rehabilitation against her client. She requested that Toothman consider sentencing Cordwell to a probationary sentence with minimal supervision. She pointed to Cordwell’s cooperation with all of the court ordered parenting classes, and a presentence investigation. Wheeler noted that Cordwell had never been in trouble before. She referenced Cordwell’s young age as a mitigating factor.

Cordwell told the court she had learned a lot and matured greatly since July 2013 when the baby was taken to the hospital with the broken femur. She acknowledged continued contact with Sammons after he went to prison but could not say when it last occurred. Toothman asked Cordwell if she believes Sammons caused the injuries to Mackenzie.

“I only know he pleaded guilty,” she said.

Toothman said there were many other injuries and asked if Cordwell knew how they occurred.

“I do not,” she responded.

“I believe I can protect Mackenzie in the future,” she said, noting she had learned ways from her parenting classes to detect if her child was being harmed. She said it will also help that her daughter is getting older and will be able to tell her such things.

“I will never give up,” Cordwell said. “I will keep fighting every day to get her home. I just want to be there for her every day and to see her grow, to be with her and for her to be happy.”

Toothman permitted a letter from the foster mother to be entered into the record for his consideration in sentencing, despite objections by Wheeler. However, the contents of that letter were not made public.

Before recessing to consider sentencing, Toothman said, “Whatever I do, there can never again be a chance for Mackenzie to get hurt.”

Cordwell and her family are prohibited from all contact with Sammons until completion of her sentence and may not own a dog over 7 pounds.