A former Masury woman has been sentenced to probation and a short jail term on a felony charge of endangering her son.
Trumbull County Common Pleas Court Judge Andrew Logan said April 18 that typically he would have sentenced Jenny Musgrave, 41, of Youngstown, to prison, but the circumstances of her case warranted a different sentence.
Logan sentenced Musgrave to 3 years’ probation, beginning with 180 days in jail.
Musgrave was charged by Brookfield police – she was living in Masury at the time – after she took her 4-year-old son to Akron Children’s Hospital on March 7, 2022. Police said the boy was admitted with “severe nutritional neglect.”
In a sentence memorandum, defense attorney Carlo Ciccone of Warren said the boy was born with severe health issues, and has required the use of a gastrostomy tube for feeding.
Musgrave took the boy to the hospital because he could not keep formula down and had lost significant weight, Ciccone said. The formula has since been recalled, Ciccone said.
The boy’s prognosis “appeared bleak, and medical staff had no choice but to involve” Trumbull County Children’s Services Board, Ciccone said.
CSB placed the boy into foster care, but the medical condition that resulted in the charges against Musgrave has returned, Ciccone said. The boy has been removed from a foster home that included a woman who is certified in medical-needs children, he said.
Musgrave “has since accepted that she will never have custody of (the boy) again and refused to prolong an already unfortunate situation by not attending the custody hearing” at which CSB was granted permanent custody, Ciccone said.
“She has suffered the worst kind of punishment in that she has lost her son and blames herself for the current circumstances and past decisions that led her to parent her children alone and without a supportive structure,” Ciccone said.
Musgrave, who has three adult children, is unable to work because of her own health issues, relies on Social Security Disability Income, has no permanent place to live and does not have consistent, dependable transportation, Ciccone said.
“Jenny balances her sadness and grief with the notion that (the boy) will thrive in a better environment,” he said.
The boy’s birthfather has not been involved in the boy’s life, Ciccone said.
Logan said Musgrave’s case presents “real, substantial problems” and ordered that she be evaluated by Northeast Ohio Community Alternative Program, a five-county consortium that, among other things, examines an offender’s background, circumstances and financial situation, and sets a treatment program to address these issues and others that might cause someone to re-offend.
“Behave yourself while you’re in jail,” Logan said to Musgrave.
Musgrave made a short statement to the judge that could not be heard from the audience.
Musgrave previously was held in jail from Sept. 13 to Oct. 5.