Inset, left to right: Matthew Tucker and Cassandra Barlow-Tucker in court (WRGB). Background: The courtroom where the defendants were sentenced (WRGB).
A Massachusetts couple will serve prison time for their 10-month-old foster child's death after a jury found that they failed to seek medical care for the ailing infant.
Superior Court Judge Tracy Duncan on Wednesday ordered Matthew Tucker and Cassandra Barlow-Tucker, both of Adams, to serve three to five years in a state correctional facility for their roles in the death of Kristoff Zenopolous, prosecutors announced.
Duncan handed down the sentence after a jury last month found them each guilty on one count of involuntary manslaughter and one count of reckless child endangerment.
The judge ordered the sentences to be staggered — with Barlow-Tucker serving her time first, followed by Tucker — citing the couple's four children as a factor. Both defendants will also serve probation and are barred from acting as foster parents or caregivers for children.
"No sentence can undo the loss of this child. This was an avoidable and deeply tragic case," Assistant District Attorney Andrew Covington said in a statement. "We hope today's outcome brings some measure of justice and a sense of closure to the child's loved ones."
The convictions stem from the death of the couple's foster son, a 10-month-old infant who died after suffering from untreated illness while in their care.
According to a report from Springfield, Massachusetts, NBC affiliate WWLP, the child died from complications related to a strep infection, bronchopneumonia, and empyema on Feb. 18, 2020. Medical experts testified at trial that those conditions are all typically treatable with timely care.
Prosecutors said Tucker and Barlow-Tucker failed to seek medical attention despite clear indications the infant was seriously ill. Trial evidence showed the child had been suffering symptoms for an extended period — as long as several weeks — prior to his death. Prosecutors argued that the defendants also left the infant unattended for about 14 hours before they found him unresponsive, Schenectady CBS affiliate WRGB reported.
"The child should be celebrating his seventh birthday next month. Instead, he died at just ten months old because the defendants, his foster parents, failed to seek medical treatment despite clear and obvious signs that he needed care," Andrew Covington said after the couple's convictions. "As special prosecutors assigned to this case, we felt a duty to see the matter through and ensure accountability."
However, defense attorneys argued the child had preexisting respiratory issues and that the couple believed his symptoms were related to illness already affecting the household, reportedly following prior medical advice to monitor him at home.
Ultimately, the jury sided with prosecutors, finding that the couple's inaction amounted to criminal negligence.
Prosecutors had recommended a five-year prison sentence followed by probation, while the defense sought no prison time.
In addition to their incarceration, Tucker will serve five years of probation and Barlow-Tucker will serve three years following her release.