Ashley Bertino

MAYVILLE – A Silver Creek mother who is accused of neglecting her child and causing her to die has been charged with five indictments, after a court appearance Monday.

Ashley Bertino is facing charges of second-degree murder, second-degree manslaughter and three counts of endangering the welfare of a child.

She appeared in Chautauqua County Court Monday. Bail was set at $250,000 cash or $500,000 property bond.

On April 29, 12-year-old Mya Smith died due to complications of untreated diabetes.

Bertino was arrested on Nov. 8 by the Chautauqua County Sheriff’s Office. Deputies alleged that she “did engage in a course of conduct evincing depraved indifference to human life, which created a grave risk of death to another person, and thereby caused the death of the 12-year-old victim.”

A preliminary hearing was held in Hanover Town Court in November before Acting Town Justice Christopher Penfold who ruled there was enough evidence to allow the second-degree murder charge to remain and move the case to a grand jury hearing.

Smith has two other children, a twin of Mya’s and Mya’s younger brother. District Attorney Jason Schmidt said the three counts of endangering the welfare of a child are one for each of her children.

During the November preliminary hearing there were allegations of abuse, saying that the children were not always properly fed, sent to school with proper clothing or saw medical professionals in a timely manner.

Among those who testified at the preliminary hearing were a school bus driver, the head nurse for the Silver Creek School District, the former Silver Creek School Dean of Students, the county’s Chief Medical Examiner, the county coroner, and law enforcement officers.

The case went to a grand jury in December. Grand jury hearings are closed to the public. The indictments were unsealed Monday.

According to Schmidt, the case is now scheduled for a discovery compliance conference later this month.