Jacob William Jones
   April 13, 1994 - June 9, 1995
Find A Grave Memorial

On June 9, 1995, Jennifer Jones left her son, Jacob in the care of the man she had been living with, Patrick Cody McCormik, who goes by the name Cody, who was 27 years old at the time. Jennifer was gone for about ten minutes and when she came back, Cody told her that something was wrong with Jacob, that he wasn't breathing right and that he was unconscious. Jacob was transported to the Elko, Nevada hospital and died at 8:30 p.m. that very evening. Cody was arrested and found guilty of first degree murder and then in April of 1996, Cody was sentenced to life in prison. End of story? It SHOULD have been the end of the story, however, it wasn't.

Cody had been in prison for 17 years when the Nevada Supreme Court overturned that conviction. The reversal was ordered because it was supposedly proven that Cody had ineffective counsel stating that if errors were not made, Patrick might not have been found guilty. The order stated: "Appellant argues that counsel was ineffective for failing to investigate whether the victim died of anaphylactic shock due to an allergic reaction to penicillin"

Jennifer was accused of giving Jacob an adult does of Penicillin, though she had been told he was allergic to it. An autopsy showed no Penicillin, but did show at least 20 blows to Matthew's head, which indicated Shaken Baby Syndrome.
Jennifer would later admit that she gave Jacob 1/4 of an adult dose of medication, because he was coughing. In the order it was said that Jennifer had given Jacob Penicillin just a short time before started having trouble breathing, though none was found n his stomach or blood. A doctor said that the Penicillin would have metabolized before death and there would have been no trace of it. A Supreme court order read that since the counsel was ineffective, Cody was entitled to a new jury trial:

"I plan to rally support from everybody I can to help persuade the district attorney that even though this
case is approaching 18 years, justice needs to be served"
Ben Jones - Matthew's Father

Sandy Foretsch had been taking care of Matthew and his brother for about six weeks, when the children were returned to their mother, three days later, Matthew was dead:

"I can't even begin to tell you how horrific this is"

In February of 2013, District Judge Nancy Porter ordered a new trial, bail was set at $100,000. just as it had been almost 18 years ago when Matthew died.

A year later, in January of 2014,
Cody plead no contests to involuntary manslaughter. Cody still claimed he had not hurt Matthew, but in the interest of closing the case and getting out of a possibly longer sentenced,  he decided to plea. Judge Nancy Porter listened as Patrick said:

"I want to avoid going to trial and the possibility of a greater charge"

The Judge spoke in court before accepting his plea:

"There's nothing this court can do that will ever make this ok or even ease the pain. No parent
outlive their child and I can't imagine any greater pain than that"

Jennifer Jones was in court and said that things had gone as they expected they would and that she knows that
Cody is guilty of killing her son. David Lockie, Patrick's lawyer said:

"Cody feels an enormous sorrow for this child. He really feels a lot of sympathy for the child and the
child's family. Cody understands how Jennifer could continue to feel that way. Although based on
objective evidence, her viewpoint is not the correct one, but that isn't to diminish her loss or the
family's loss. The issue is whether anyone committed murder and he clearly didn't"

Cody had been in jail almost 18 years, which is more than four times the maximum allowed for involuntary manslaughter. At the hearing District Attorney Mark Torvinen called several different witnesses to the stand, each would give differing opinions about what happened. Bennet Omalu, a Forensic Pathology and Neurology expert said that after his examination, he could not rule out a fatal reaction to Penicillin and that a CT Scan had revealed no skull fractures or problems in the brain such as bleeding or clotting, ruling out the idea that Matthew had been shaken to death.

A doctor who first saw Matthew in the E.R. said that it was more likely that Matthew had died of a Penicillin reaction, than child abuse. However, Ellen Clark, Chief Medical Examiner and Coroner was still of her original opinion that this child had died of abuse:

"It remains my opinion that Jacob was a victim of inflicted or non accidental trauma"

Ellen Clark said that the face of the baby as well as his head had shown signs of an impact.

Return To Jacob's Story
Read Impact Statements

This page was created on May 27, 2014
Death Occurred in the state of Nevada

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