HANOVER, NY – A mother from upstate New York faced a courtroom on Thursday as disturbing details emerged about the alleged neglect that led to her 12-year-old daughter’s death.

Ashley Bertino, 36, was charged with second-degree murder after an investigation following the death of her daughter, Mya Smith, on April 29. The Erie County Medical Examiner’s Office determined Mya died from diabetic ketoacidosis, a condition arising from untreated diabetes, and ruled her death a homicide due to medical neglect.

During the preliminary hearing in Hanover Town Court, witnesses painted a grim picture of Mya’s life before her death. Colleen Smith, a school bus driver who had known Mya for several years, described the child as often appearing “unkempt” and in poor condition. Smith, who the girl affectionately called her “bestie,” reported Mya’s recurring signs of thirst and deterioration to school officials, fulfilling her role as a mandated reporter.

Testimonies revealed that weeks before her passing, Mya’s siblings informed Smith that Mya was extremely ill and barely able to attend school. Amy Bartell, Dean of Students at Silver Creek Central School, noted that Mya frequently appeared disheveled and had a noticeable odor, corroborating concerns about the family’s neglect.

Adding to the distressing narrative, neighbor Jill Meyer recalled a conversation with Mya’s brother on the day of her death. Meyer recounted that the boy, visibly upset, had tried to care for Mya himself while his pleas for medical help were dismissed by Bertino, who allegedly considered Mya’s condition to be “dramatic.”

Chautauqua County Chief Medical Examiner Dr. Michael Faulk testified about the telltale signs of diabetes that should have been discernible to any observer over the preceding weeks or months. Though Bertino had scheduled a medical appointment for Mya, records show the visit never occurred, according to Juliana Post from Silver Creek Pediatric.

In light of these testimonies, it emerged that Bertino had minimized the severity of Mya’s symptoms, even as she was advised to seek hospital care should they worsen. After Mya’s demise, Child Protective Services initially removed Mya’s siblings from Bertino’s custody but had planned their return.

However, in a move reflecting the gravity of the case, Chautauqua County officials charged Bertino with murder to prevent the children from returning to her care. DA Jason Schmidt expressed concern for the welfare of the surviving siblings and criticized the oversight that allowed the tragedy to unfold despite multiple reports of abuse.

The hearing is set to resume Friday as the community seeks closure and justice for Mya Smith’s untimely death.