Child endangerment review following discovery of 2-year-old in cage

Buffalo, New York (WBEN) – Last week, the Western New York community heard about the disturbing and disgusting case of Naesha Lumpkin, a 24-year-old Buffalo woman, who now faces a child endangerment charge for allegedly kept her two-year-old son in a makeshift cage covered in feces. and urine, denying him even the ability to stand when stuck inside.

“I’ve never seen a situation exactly like this, where a crib was somehow transformed into a makeshift cage. But unfortunately, in my eight years, I’ve seen a lot of cases of endangerment of the welfare of a child where there was this actual neglect,” former Erie County Prosecutor John Flynn, who now works as an associate at the Lippes Mathias law firm, told WBEN on Friday.

On February 8, New York State Police were executing an arrest warrant at a residence on Chadduck Avenue for an unrelated crime when they discovered the 2-year-old in a piece of crib sealed by a structure of park.

Flynn and Acting Erie County Prosecutor Michael Keane confirm that in New York State, endangering the welfare of a child is a “Class A” misdemeanor and those convicted guilty would receive the maximum sentence of one year in prison in a local facility. .

Flynn notes that there are a number of factors that would determine a maximum sentence, such as whether the defendant suffers from a mental illness or has prior convictions.

“It’s going to depend on whether the defendant has a prior conviction, whether or not the defendant has shown remorse for what happened and whether or not the defendant can explain to the court why she might have done this , it is highly important any reason is unlikely to satisfy the judge But again, she and her lawyer will have the opportunity to discuss it.

Many times when people are involved in these situations, sometimes some type of mental illness is involved. And so, if this woman is found to be mentally ill or having issues, that will obviously work in her favor, since she won’t go to jail and she will get help and treatment . »

The 2-year-old was found with bruises on his face and body and cracked ribs. According to Flynn and other reports, the injuries were too old by the time the boy was transported to Oishei Children’s Hospital for police to present sufficient, evidence-based evidence to link a child abuse charge on child to the 26 year old mother.

DA Keane notes that in this particular case, Erie County Child Protective Services is still investigating.

“What happens with the custody of this child will be determined by someone else. But we certainly take the charge she faces seriously, and it will run its course in the City of Buffalo Court. “

Is there a chance that this woman will regain custody of the child and reoffend?

“It’s still possible,” notes Flynn. “But, in my time at the DEA, I have consistently seen Child Protective Services act in a way that is in the best interest of the child. There are a multitude of outcomes here from this side there, but I can assure the auditors that the county’s child protective services will conduct a thorough investigation and will watch over and ensure that the best interests of the child are kept at heart here and ensure that this child will be safe in the future.”

Lumpkin is scheduled to appear in court on June 13, 2024.