Loudon woman receives maximum sentence in negligent
homicide
A
Loudon woman who avoided a second-degree murder charge in December
received a maximum sentence on lesser charges Monday for her role in
the 2011 overdose death of her brother in an Alcoa hotel room.
Convicted in December of criminally negligent homicide, Kellie
Geneva Abert, 45, received a two-year sentence in Blount County
Circuit Court on that charge.
In addition, Abert also received a four-year sentence for
violation of probation. The violation of probation related to an
unrelated charge of bringing contraband into a penal facility in
2009, and it means that Abert will serve up to six years in
prison, all told, as the sentences were ordered to be served
consecutively.
Abert will eligible for parole after she has served 30 percent
of her sentence, said Assistant District Attorney General Shari
Tayloe.
The sentence provided some closure to a case that began in
August 2011, when hotel employees at Hampton Inn on
International Avenue in Alcoa received a call to the front desk
from Abert, saying that her brother was unresponsive in their
hotel room.
William “Billie” Ray Lawson, her brother, was later pronounced
dead, due to the combined toxic effects of opiate pain killers,
alcohol and an antidepressant.
Story changes
Abert’s initial story to Alcoa Police was that the 39-year-old
Lawson had been dealing with a number of personal issues, and
that the two of them had gotten a room at the Hampton Inn to
discuss his problems. She said that her brother was alive when
she fell asleep around 2 a.m. Aug. 4, and that she awoke to find
him motionless five hours later.
As the investigation continued, police noted holes and
inconsistencies in Abert’s telling of events. At one point, she
admitted to having given Lawson a single 30-mg morphine pill.
Later, she ceded that it might have been two. And yet later, she
said that Lawson might have snorted a portion of a crushed
oxycodone pill, which she had also brought to the hotel room.
Police also questioned Abert’s timeline, as signs of rigor
mortis indicated that Lawson may have been dead for longer than
five hours.
Abert was initially charged with second-degree murder in the
case, based on a relatively new stipulation in the state
criminal code that defines second-degree murder as “a knowing
killing of another,” or as “a killing of another that results
from the unlawful distribution of any Schedule I or Schedule II
drug, when the drug is the proximate cause of the death of the
user.”
Deadly mix
A medical examiner testified that while the amount of morphine
in Lawson’s body was potentially lethal by itself, he adjudged
that the actual cause of death was the toxic interplay of
alcohol, morphine, oxycodone and the antidepressant duloxentine.
Lawson had been prescribed the antidepressant. His blood alcohol
content was 0.216 when the autopsy was performed.
In closing, the prosecutor argued that Abert acted recklessly in
providing Lawson with dangerous narcotics in order to help deal
with his problems. Public Defender Mack Garner countered that
Lawson had kept a substance-abuse problem hidden from his family
members, and that his death was the result of a tragic accident.
Garner also said the case was highly unusual, in that it was one
of the first instances in which the new provisions in the state
criminal code had been tried in a courtroom. “I would not have
been surprised (by) whatever the jury did because it was a very
difficult case,” he said in December.
In the end, jurors convicted Abert on the lesser charge of
criminally negligent homicide on Dec. 5. A class E felony, the
charge carries a minimum one-year prison sentence.
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2/4/15