A local man already charged with in the death of his 4-year-old adopted son is facing another charge of child abuse, according to court records.
Joseph Wilson, 43, of Mount Airy, was hit with a single charge of child abuse recently. He, along with his wife Jodi, 40, also of Mount Airy, were arrested on Jan. 13, 2023, following the death of their adopted son, Skyler. Since that time, the couple has had numerous court appearances scheduled but the trial has not advanced. Both are still listed as having their next court appearance on Jan. 13, 2025, for a single count of murder.
The exact circumstances of the new charge are still unclear.
The couple were charged following their son’s death after an incident that occurred Jan. 5. When paramedics arrived at their home on Rosecrest Drive they found the boy to be non-responsive and not breathing on his own before he was rushed to Brenner Children’s Hospital in Winston-Salem where he later passed away on Jan. 9.
Doctors said Skyler died due to hypoxic brain injury due to “too much restriction” during what a controversial technique referred to as a “swaddling” technique the couple attempted to use to modify unwanted behavior.
The additional charge levied against Mr. Wilson is a single county of felonious Child Abuse. The court listing says he was charged under North Carolina Criminal Statute 14-318.4 which states, “A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class D felony.”
He is being charged under subsection a3 which is in essence the same charge but includes enhanced language. It stipulates that a person who inflicts “serious bodily injury to the child or who intentional commits an assault on the child which results in any serious bodily injury to the child, or what results in permanent or protracted loss or impairment of any mental or emotional functions to the child, is guilty of a Class B2 felony.”
According to the N.C. Courts Punishment Chart, a B2 Felony may carry a sentence from 94 months to 393 months.
The North Carolina School of Government the difference between “physical injury” and “bodily injury” is one of degree. They said the less severe category, physical injury, may consist of cuts, scrapes, bruises, or other physical injury which “do not constitute serious injury.”
“Our courts have indicated that the element of “serious bodily injury” requires proof of more severe injury than the element of “serious injury,” the School of Government said citing the ruling 2002 ruling in State v. Carpenter.
North Carolina Statue 14.32-4 states, “Serious bodily injury is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.” Such a charge is punishable as a Class F felony with a potential sentence of 10 to 41 months; Wilson’s potential sentence carries significantly more time given the enhancement of a child abuse charge.
They offered further clarification on parental corporal punishment using language from State v. Varner (2017), “Our courts have recognized that, as a general rule, a parent is not criminally liable for inflicting physical injury on a child in the course of lawfully administering corporal punishment.”
However, they said that general rule does not apply when a parent, “administers punishment that causes or is calculated to cause an injury that is lasting or will continue indefinitely; administers punishment borne of malice or wickedness of purpose rather than a good faith or honest effort to discipline the child; or uses cruel or grossly inappropriate procedures.”
Attempts to get a comment from Surry County District Attorney Tim Watson were not successful.
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