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Maricopa County Attorney’s Office Declines to Prosecute Gilbert Mother Over Child’s Death

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The Maricopa County Attorney’s Office has chosen not to prosecute a Gilbert mother and another individual following the death of her 22-month-old child in 2023, which the county medical examiner determined was due to natural causes. The decision comes after Gilbert police initially considered criminal charges based on alleged mistreatment.

the county attorney cited insufficient evidence for a conviction

Despite this, the county attorney cited insufficient evidence for a conviction. The case, marked by intense scrutiny and custody battles, highlighted parental rights issues amid tragic circumstances. The mother, Cheyenne Benthin, has vehemently protested her innocence throughout the investigation, which has sparked public debate and legal ramifications.

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Cheyenne Benthin

Maricopa County Attorney Declines Prosecution of Gilbert Mother Following Child’s Natural Death

In a recent decision, the Maricopa County Attorney’s Office has opted against pursuing charges against Cheyenne Benthin, a Gilbert mother, and another individual in connection with the tragic death of her 22-month-old son, Heston Bartlett, in 2023. The county medical examiner determined that the child’s passing was due to natural causes.

Initially under investigation by Gilbert Police, Benthin and the other individual faced potential charges related to alleged mistreatment of Heston. Despite the police department citing probable cause for criminal charges earlier this month, the County Attorney’s Office communicated their decision on July 24, 2024, citing insufficient likelihood of conviction as the basis for declining prosecution.

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In a statement to Arizona’s Family in May 2024, Benthin expressed her anguish over the accusations and the impact on her family. She accused the police of disrupting her parental rights during their investigation, recounting lengthy interrogations and what she perceived as prejudgments about her involvement in Heston’s death.

Following Heston’s passing, custody arrangements for Benthin’s children were affected, with her daughter’s father obtaining emergency custody and supervised visitation being granted to Benthin. The court’s decision was influenced by assertions made during the investigation, including concerns over bruising noted in the autopsy report, which the medical examiner attributed to accidental injuries consistent with those of an active toddler.

Maricopa County Medical Examiner’s report concluded that Heston’s death resulted from natural causes

The Maricopa County Medical Examiner’s report concluded that Heston’s death resulted from natural causes, likely triggered by a fever-induced seizure stemming from viral illnesses. The report emphasized that no evidence suggested ongoing abuse or foul play.

Gilbert Police have since updated the Arizona Department of Child Safety following the County Attorney’s decision.

This story underscores the complexities and emotional toll involved in cases where criminal investigations intersect with medical determinations of natural causes, prompting ongoing discussions about parental rights and legal outcomes in such tragic circumstances.

Attorney Jessica Hernandez with Colburn Hintze Maletta, representing Cheyenne Benthin, says the family will now begin the process of regaining custody of her daughter who has been in the custody of her biological father for the past year.

Story First Posted https://www.azfamily.com/2024/07/26/county-attorney-declines-prosecute-gilbert-mother-over-childs-death/

 

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The attorneys at Colburn Hintze Maletta (CHM) specialize in defending against trespassing accusations, offering tailored legal strategies that address the specifics of your case. Our team is experienced in challenging the prosecution’s evidence, arguing lack of notice, implied consent, and other key defenses. We also assist in plea negotiations to potentially reduce charges, minimizing the impact on your life. 

If you or a loved one faces trespassing charges, contact Colburn Hintze Maletta  at (602) 825-2500 for a consultation and secure your defense.

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