Jacob William Jones
April 13, 1994 -
June 9, 1995
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
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
"There's nothing this
court can do that will ever make this ok or even ease the pain. No
should 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:
feels an enormous sorrow for this child. He really feels a lot of
sympathy for the child and the
family. Cody understands how Jennifer could continue to feel that way.
Although based on
evidence, her viewpoint is not the correct one, but that isn't to
diminish her loss or the
loss. The issue is whether anyone committed murder and he clearly
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.