Arguments Over Dismissed Murder Charge in Silver Creek Child Homicide Expected by Late Summer

Chautauqua County's top prosecutor expects an appellate court to hear arguments later this year surrounding the dismissal of a murder charge in an April 2024 homicide case out of Silver Creek. District Attorney Jason Schmidt gave an update on the case involving 37-year-old Ashley Bertino on a recent edition of WDOE's "Viewpoint" program. Schmidt says the Fourth Department Appellate Division, based in Rochester, should schedule the arguments by September...

Jason Schmidt: should hear arguments by September

Bertino was previously indicted by a Chautauqua County grand jury after her 12-year-old daughter, Mya Smith, died from untreated diabetes. The charge of 2nd-degree murder, which was filed under a theory of depraved indifference, was dismissed by County Court Judge David Foley and is being appealed by Schmidt, who says there is previous case law suggesting that it was a "good" charge...

Jason Schmidt: it was a good charge

The other charges in the indictment -- one count of 2nd-degree manslaughter and three counts of endangering the welfare of a child -- remain in place. Bertino remains held in the Chautauqua County Jail on $250,000 bail.

File photo