Woman charged with failing to seek medical attention for severely injured 4-month-old sentenced to 364 days in jail and 4 years of probation

Staff report

GAINESVILLE, Fla. – Emma Belle Smithey, 20, has been sentenced to 364 days in jail, followed by four years of probation, after entering a plea of nolo contendere to a charge of child neglect with severe bodily harm.

Smithey and Timothy Smith were arrested in January 2023 after Smithey took the infant to the hospital with “significant inflicted traumatic injuries,” including injuries to his body and face with one eye hemorrhaging, bleeding in the brain, bruising on various parts of his body, and blood in his diaper.

The investigation found that Smith allegedly injured the baby while Smithey was at work because he was frustrated that the baby would not stop crying; Smithey reportedly claimed that she didn’t know how to care for an infant with a head injury, so she only put ice around his head for a few minutes after the incident. She said she asked friends what to do, and they said to do nothing. The investigation determined that the lack of medical care for three days after the incident contributed to the condition of the infant.

The case was assigned to Third Judicial Circuit State Attorney John Durrett after Eighth Judicial Circuit State Attorney Brian Kramer declared a conflict of interest because Smith is related to an employee in his office. Smith is still awaiting trial.

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