GASSAWAY, WEST VIRGINIA — Community Grieves as Parents Charged with Murder After Infant Dies with Alcohol in Her System

A heart-wrenching case out of Braxton County, West Virginia, has led to the arrest of two parents following the tragic and preventable death of a 4-month-old baby. The infant, whose name has not been released to the public, died in November 2023 under deeply concerning circumstances that have since triggered a full-scale criminal investigation. Now, nearly five months later, authorities have charged 34-year-old James Joseph Smith and 23-year-old Angel Talbert, both of Gassaway, with first-degree murder, child neglect resulting in death, and conspiracy.

The Braxton County Sheriff’s Department announced the arrests following the release of medical examination results that revealed a chilling discovery: the baby’s liver tissue tested positive for ethanol (alcohol) at a fatal concentration level of 3.210—a number that medical professionals say is lethal for an infant.

According to court documents, investigators learned that Smith and Talbert had been routinely rubbing alcohol on the baby’s gums for about a month prior to her death. The parents allegedly used the alcohol as a method to soothe the infant when she was fussy or irritable—an outdated and dangerous practice long condemned by medical experts.

Timeline of Events

In the early morning hours of November 16, 2023, Talbert reportedly woke up between 4 and 5 a.m. and asked Smith to check on their daughter. Smith told investigators that he found the baby face down and not breathing. Talbert immediately called 911 while Smith attempted CPR.

The couple placed the unresponsive infant in their vehicle and began driving to the hospital, where they were met by an ambulance at the bottom of their driveway. Paramedics took over, but despite their efforts, the baby was pronounced dead at 5:32 a.m.

What initially seemed like a medical emergency quickly raised red flags during the initial investigation. When deputies visited the home, they found roaches crawling throughout the residence, and both the kitchen and bathroom lacked running water. The family relied on a spigot in the back room to fill containers for basic needs. Additionally, authorities observed drug paraphernalia, including smoking devices used for THC, further raising questions about the living conditions and the care being provided to the infant.

Medical Findings and Arrests

The turning point in the case came on April 10, 2024, when the state medical examiner’s office released the toxicology report. The presence of ethanol in the baby’s liver confirmed the suspicions of investigators—that the infant had been repeatedly exposed to alcohol, which ultimately proved fatal.

Following the damning toxicology report, investigators conducted two additional interviews with the parents. During these interviews, Smith admitted that both he and Talbert had been applying alcohol to the baby’s gums almost daily in an effort to soothe her, a confession that solidified the basis for their arrest.

Smith and Talbert were taken into custody and are currently being held in the Central Regional Jail without bond. Prosecutors are expected to pursue the case aggressively, citing not only the baby’s tragic death but also the clearly hazardous conditions under which she lived.

Community Reaction

The heartbreaking nature of this case has left the Gassaway community shaken. Social media has filled with expressions of grief, disbelief, and calls for justice. Local child advocacy organizations are using the tragedy to raise awareness about the dangers of home remedies involving alcohol and the need for more robust child welfare monitoring.

“This is the kind of tragedy that should never happen,” said one local child protection advocate. “An innocent baby lost her life not just due to poor decisions, but because of neglect and misinformation. We owe it to her to make sure other families know that there are safe, medically appropriate ways to care for children.”

Ongoing Investigation

The investigation remains active, and authorities are exploring whether any additional parties may have had knowledge of the situation or contributed to the neglect.

The baby’s death is a grim reminder of the responsibilities that come with parenthood and the consequences of ignoring basic health and safety standards. As legal proceedings move forward, the community and state will be watching closely—mourning the loss of a life that never had the chance to begin and demanding accountability for a tragedy that should never have occurred.