Wisconsin – In a deeply disturbing case out of Wisconsin, a 30-year-old mother, identified as S. Smith, has been sentenced to prison after admitting responsibility in the death of her 4-year-old special-needs daughter, who died with an extremely high level of alcohol in her body. Smith pleaded guilty to one count of chronic child neglect and entered a no-contest plea to one count of repeated physical abuse of a child resulting in great bodily harm in connection with the death of her daughter, Zoey C.
As part of the plea agreement, prosecutors agreed to dismiss a charge of first-degree intentional homicide, though the court was still allowed to consider that charge during sentencing. The judge ultimately ordered Smith to serve 15 years in prison, followed by five years of supervised release after her release from custody. The tragic case revealed disturbing details about the final moments of a child who depended entirely on others for care.
Zoey had been diagnosed as a newborn with severe cerebral palsy, a condition that left her completely dependent on caregivers for daily survival. According to investigators, Zoey was nonverbal, unable to move, and required a feeding tube to receive both nutrition and hydration. Because she could not feed herself, her survival depended entirely on those responsible for her care. Authorities said Smith’s boyfriend, D. Falkner, moved into the home in August 2020 and was officially approved as one of Zoey’s caregivers. In fact, he was paid to help care for the child. Prosecutors later revealed that both Smith and Falkner were the only adults responsible for operating the feeding tube used to feed Zoey.
The case began on July 28, 2021, when emergency responders were called to an apartment complex. Medics were responding to a 911 call reporting an unconscious 4-year-old girl. When paramedics arrived at the apartment, they attempted to assess Zoey’s condition. Tragically, it was already too late. Shortly after arriving at the residence, medics pronounced the child dead at the scene. At first, the circumstances surrounding Zoey’s death were unclear. Although the coroner’s office did not initially order a full autopsy, a blood sample was collected from the child to determine if anything unusual might have contributed to her death. That blood test soon revealed something deeply disturbing.
The blood sample was sent to the Wisconsin State Laboratory of Hygiene for analysis. The results shocked investigators. According to the affidavit, Zoey had a blood alcohol content of .572 g/100mL at the time of her death. To put that number into perspective, the legal limit for adults driving in Wisconsin is 0.08, meaning Zoey’s level was more than seven times higher than the legal intoxication level for adults. Medical experts say adults begin losing coordination and risk blacking out at levels between 0.20 and 0.249. Levels between 0.25 and 0.399 are considered alcohol poisoning. Anything above 0.40 may cause coma or death due to respiratory failure.
Zoey’s level far exceeded even those already dangerous thresholds. After learning the results, investigators ordered the child’s body to be exhumed so a full autopsy could be performed by the Midwest Medical Examiner’s Office. The findings confirmed investigators’ fears. The medical examiner ruled the child’s death a homicide and determined the cause of death was “acute ethanol toxicity.” “The presence of ethanol in a non-ambulatory child is consistent with intentional administration by another. The level of ethanol found in her pre-embalmed body would be a lethal level in non-chronic users and be lethal in a child this age,” the medical examiner wrote. The report also noted additional signs of abuse. “The abrasions, contusions, and healing fractures in this non-ambulatory child are also concerning for non-accidental trauma,” the report stated.
As detectives investigated further, they questioned Smith and Falkner about who had access to Zoey’s feeding tube. Both reportedly admitted that they were the only adults in the home during the time the alcohol must have entered Zoey’s system. They also acknowledged they were the only individuals responsible for operating the feeding equipment. Those admissions became a key part of the criminal case.
In November, Smith reached a plea agreement with prosecutors, admitting to her role in the neglect and abuse that led to Zoey’s death. The judge sentenced her to 15 years in prison, followed by five years of supervised release. Meanwhile, Smith’s boyfriend, Falkner, had already been convicted on similar charges related to the case. His sentencing hearing is scheduled for May 1. The tragic death of Zoey has left a lasting impact on the community, raising painful questions about how a vulnerable child who depended entirely on caregivers could suffer such abuse. For the court, the sentence marked an attempt to deliver justice in a case defined by the loss of a child who was unable to protect herself.
