Judge rejects lowering bond for Dayton woman accused in baby death

Wanisha Smith

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Wanisha Smith

A Dayton woman accused in the death of her 1-year-old son unsuccessfully tried to get the court to lower her $1 million bond this week.

Wanisha Smith, 33, is charged in Montgomery County Common Pleas Court with involuntary manslaughter and child endangering in connection to the death of Darius Hall Jr. She’s pleaded not guilty and is being held at the Montgomery County Jail.

A statement of facts filed in the baby death case says Smith admitted that on or about May 16, her son was injured when his head bumped a chair. She allegedly told police that she knew he was hurt, but never attempted to provide medical care, according to an affidavit.

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Police said they responded to the 1800 block of North James H. McGee Boulevard on June 9 when neighbors alerted them of a smell coming from an apartment. Authorities said they found the dead baby then.

Smith’s attorney, Jeffry Hunter, filed a motion asking Common Pleas Judge Mary Montgomery to lower her bail, citing Smith’s connection to the community and lack of criminal history.

“The defendant is a life long resident of Dayton, Ohio,” the motion says. “Further, the defendant’s entire family lives in Montgomery County.

“The defendant has no criminal record, and while these charges are serious, they are just charges. As Supreme Court has stated many times, when considering bond, it’s important to remember the defendant is presumed innocent.’”

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Smith was willing to wear a GPS monitor and be subject to home arrest, the motion says, and the attorney argued that she poses no risk to the community and is not a flight risk.

However, on Thursday, Montgomery filed an order in the case denying any change of bond. Hunter didn’t return a request for comment from the Dayton Daily News.

Smith is due back in court on July 2 for a status conference.

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