Whitesburg KY

Sentencing set in case of baby boy’s drowning

Sentencing is set for May 20 for a McRoberts couple who pleaded guilty recently to second-degree manslaughter in the drowning death of their 17-month-old son.

A plea agreement document filed by office of Letcher Commonwealth’s Attorney Edison G. Banks II says that Curtis Wayne Anderson II, 24, and Melissa Gail Anderson, 30 took their infant son, Curtis Wayne “Nicky” Anderson III, from the custody of grandmother Nell Anderson in direct violation of a Letcher District Court order.

The document says Curtis and Melissa Anderson allowed Nicky to play unsupervised in an area near a stream of water in the Burdine community of Jenkins on April 9, 2008.

The Andersons had previously been warned by a social worker and Letcher District Court that all visitations were to be supervised by Nell Anderson. Toxicology tests found that the Andersons had one or more controlled substances in their systems at the time of the drowning.

Banks is recommending that the Andersons, who are being represented by Whitesburg attorney Jimmy Craft, be sentenced to seven years in prison and fined $10,000, with the sentence probated for a period of five years under maximum supervision.

The supervision would include the defendants serving 90 days of home incarceration, paying all court costs, and being required to undergo at least five random drug and alcohol screens per month.

If Letcher Circuit Judge Sam Wright accepts the guilty pleas, the Andersons would also have to agree not to “exercise any type of unsupervised visitation or custody of any children less than 14 years of age without prior approval of the Cabinet for Families and Children and the Letcher District Court.”

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