UPDATE: No jail time for Walker Co. woman who pleaded guilty in - WRCBtv.com | Chattanooga News, Weather & Sports

UPDATE: No jail time for Walker Co. woman who pleaded guilty in hot car death of grandson

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WALKER COUNTY, GA (WRCB) -

UPDATE: A Walker County woman who pleaded guilty to second degree murder for leaving her grandson in a hot car will not spend any time in jail.

District Attorney Herbert "Buzz" E. Franklin says Barbara Pemberton was sentenced to 10 years of probation, fined $2,500 and is not allowed to watch any child under the age of 10.

The release says Pemberton had no previous criminal history and both parents of the deceased child requested that she not be sentenced to serve any time in custody for this offense.

"After a sentencing hearing, which included testimony about Pemberton’s chronic medical condition of sarcoidosis, an autoimmune disorder, Judge Kristina C. Graham accepted the recommendation and sentenced Pemberton accordingly," Franklin says in a release.

In January of 2016, Pemberton left her 13-month-old grand child asleep in her car with the heat running on low for more than five hours. When Pemberton went to check on her grandson, he was unresponsive and not breathing.

The child was taken to Hutcheson Medical Center where he was pronounced dead.

Stay with WRCBtv.com for updates to this story.


PREVIOUS STORY: A woman is arrested in connection with the death of her grand child's death this week.

The Walker County Sheriff's Office says 47-year-old Barbara Pemberton is charged with second degree murder and cruelty to children.

The Sheriff's Office says Pemberton left her 13-month-old grand child asleep in her car with heat running on low for more than five hours.

When the grandmother did return to her car, the baby, Shadoe Braxton Pate, was not breathing and unresponsive.

The baby was pronounced dead at Hutcheson Medical Center.

Sheriff Wilson said in the press conference that, according to detectives, the inside automobile temperature swelled to more than 100 degrees on Tuesday.

Mrs. Pemberton is being held on a $100,000 bond set by Superior Court.


PREVIOUS STORY: Walker County Sheriff Steve Wilson says a grandmother was caring for 13-month-old child Tuesday when she parked her car at a friend's house in Rossville, and went inside to visit with friends.

The grandmother told police the child was asleep at the time, she left the car running and the heat on low, and when inside alone. Police say the grandmother did not return to check on the child for more than five hours.

"I guess it's obvious, for whatever reason, she chose not to go back out and check on him. Which is difficult to understand and comprehend I guess," said Sheriff Steve Wilson.

When the 47-year-old grandmother did return to her car, she found 13-month-old Shadoe Braxton Pate was not breathing and unresponsive.

The child was taken to Hutcheson Medical Center and pronounced dead   

The autopsy shows the child's cause of death was hyperthermia, or being exposed to extreme heat for a long period of time.

"The inside temperature of that car swelled way past 100 degrees Fahrenheit," Sheriff Wilson said.

It's not clear what the grandmother and her friends were doing inside the house while the child was in the car. The Sheriff says there were no signs of drugs or alcohol inside the home.

The grandmother's friends knew the child was still in the car.

"They said that they encouraged her on several occasions to go out and check on the child," Sheriff Wilson said.

Statements from the grandmother and her friends say she would occasionally check on the child by looking out the window.

But according to the Sheriff, the car was parked too far away to get any kind of visual on the child.

"Her car was about 35 or 50 yards away from the home and we can't fathom how she could have checked on the child even visually much less physically looked in on the child," Wilson said.

The grandmother was tested for drugs and alcohol, with results expected back in 6-8 weeks. 

No charges have filed at this time, but Wilson says it is possible the grandmother will face charges, pending the outcome of the investigation.


PREVIOUS STORY: The Walker County Sheriff’s Office is investigating the death of a 13 month-old child.

The child was transported from a Fairview community home to Hutcheson Medical Center on January 12. The child was pronounced dead at the hospital. 

"At this time, investigators believe that the deceased child had been left unattended inside an automobile for several hours," said a press release from the Walker County Sheriff's Office in response to Channel 3's calls for information.

The Walker County Sheriff’s Office, the Georgia Bureau of Investigation and the Walker County Coroner’s Office are investigating. No charges have been filed in the case. An autopsy is planned for tomorrow at the GBI Crime Lab.

Stay with Channel 3 for more on this developing story.

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