Dec 18, 2024
TEARY-EYED — Zachary Thomas Henderson of Follansbee wiped his eyes with a tissue during his sentencing in First Circuit Court Tuesday. — Christopher Dacanay
WELLSBURG — After oral statements that turned emotional, a Follansbee man convicted in connection with the wrongful death of his 14-month-old son was sentenced to six months in jail followed by three years of home confinement.
First Judicial Circuit Court Judge Ronald E. Wilson handed down the sentence Tuesday to Zachary Thomas Henderson, 36, who on Sept. 3 pleaded guilty to child neglect resulting in death and gross child neglect creating a substantial risk of death or serious injury.
According to police reports, Henderson and his son’s mother — Rachel Camiletti, 36, of Follansbee — left fentanyl where the child had access to and could ingest it, resulting in his death on Aug. 3, 2022. The March 6, 2023, indictment against Henderson states that the child neglect creating substantial risk of death or injury charge was filed because Henderson’s other two children could access the drug.
Starting Jan. 2, Henderson will spend the next six months in jail, as a condition of his probation. After those six months, he will serve an alternative sentence of home confinement for three years. Henderson will be on supervised release for one year after completing the alternative sentence.
The charge of child neglect resulting in death typically carries three to 15 years in prison, a fine not less than $1,000 and not more than $5,000 or both. The charge of gross child neglect creating a substantial risk of death or serious bodily injury typically carries one to five years in prison, a fine not less than $1,000 and not more than $3,000 or both.
On Aug. 27, Wilson sentenced Camiletti — who pleaded guilty to child neglect resulting in death — to two years of supervised probation and ordered her to register with the state’s child abuse and neglect registry for 10 years. Henderson also is required under state law to register with the same for 10 years.
A plea agreement reached by attorney Sean Logue, Henderson’s counsel, and the Brooke County Prosecutor’s Office dismissed an additional count of child neglect creating substantial risk of death or injury that Henderson would have faced otherwise.
While the defense, during Tuesday’s court session, pointed toward Henderson’s supposed good character, mitigating circumstances and progress in treatment programs, the prosecution argued for justice on behalf of the deceased child.
“There is no doubt that (Henderson) is a changed person and that he’s made the effort to change,” Wilson said during the session, “but there has to be some jail sentence for the crime that was committed. And I think that six months is sufficient, here, for a jail sentence because an alternative sentence at home for three years is not easy …”
Afterward, Logue called this “the toughest case I have handled” due to the child’s unfortunate death, grief from which he’s observed affecting Henderson and his family. However, Logue said, the circumstances leading to the child’s death included his client having been diagnosed with multiple sclerosis at an early age, which he treated with drug abuse.
“The judge was very compassionate, and I think the sentence was fair given the need for just punishment, the rehabilitation my client has done and the fact that he’s been a model citizen over the last two years. I believe he’s proved that he has a low risk for recidivism.”
Assistant Prosecutor Allison Cowden expressed feelings of “disappointment,” noting the state was seeking a maximum sentence for Henderson — potentially between four and 20 years of prison time served consecutively.
“On behalf of the victim, I would say he deserved more than (the given sentence),” Cowden said. “The sad part of it is, (the deceased child) is not your normal victim of the drug epidemic that is affecting our community. And to know that the drug epidemic is this far-reaching is disturbing, and people need to be held accountable for their actions and bringing drugs into this community.”
During the session, Henderson’s older brother, Shane Henderson, testified that his brother values his children and is “striving to be a better man than what he was, obviously, two years ago.” Shane Henderson said his brother cannot “achieve what he’s meant to” if placed in jail, away from his family and support systems.
Jeosen Kakascik, Zachary Henderson’s Narcotics Anonymous sponsor, testified that Henderson “has been forthcoming and has been working on himself diligently.” Also, Henderson’s employer at Ace Tree Service, Kakascik said his friend has a “great attitude” and is a “hard worker.”
Also testifying was Erin Jordan, case coordinator for the First Circuit Family Treatment Court, who frequently supervised Henderson during his time in the court — which he was readmitted to on June 9, 2023, and completed on Aug. 30.
During Henderson’s time in the court, Jordan said, she “never” observed any safety concerns between him and his other two children, who he was reunified with on Jan. 24 after the court determined appropriate safety measures were in place.
To a question from Cowden, Jordan said the court was aware of “allegations and the petition” regarding Henderson’s ongoing criminal case when it accepted him into its program.
The court received more than 165 negative drug screenings from Henderson throughout his time in the court, Jordan said. However, when questioned by Cowden, she said he also produced six positive drug screenings during that time — something she “wouldn’t say (is) uncommon” among longtime participants.
The first three positive tests were for alcohol, Jordan said, and the other three were for amphetamine, crack cocaine and fentanyl, which was the most recent. That positive test for fentanyl reportedly was received on April 4, while Henderson’s other two children were living with him.
Testimony also came from Stephen Lulla, addictions counselor at the Lee Day Report Center, who began working with Henderson in individual relapse prevention therapy on Oct. 10, 2023. Henderson reportedly met with Lulla weekly until May 21, but elected of his own volition to continue counseling sessions.
Addressing Wilson, Logue said that serving time in jail would “break up (Henderson’s recovery.) He said Henderson should continue his treatment progress by continuing with Narcotics Anonymous and other meetings, taking his medication and retaining family relationships.
Henderson himself, getting emotional, said there’s “no punishment worse than losing a child.”
“I’m clean today because of him. … I’ve come so far. I just want the court to know that I love my son, and that I regret this whole thing happening with him. I’m going to be a better man because of him.”
Cowden agreed with Logue about this being her “saddest” case, and her description of the deceased child’s rigor mortis drew a claim of “That’s unnecessary” from Wilson. The assistant prosecutor said she’s glad Henderson has been clean for the last eight months but added he’s fought this case “tooth and nail.”
“Although I would like to believe that he’s … intending to stay clean and sober, he didn’t do so until Miss Camilletti pleaded and was sentenced. And then when he did relapse just eight months ago, it was on fentanyl — the same fentanyl that killed that child in that home with his two other (children) present. If we are at a point where a defendant is going to be granted leniency because he’s finally seen the light because his child died, where are we?”
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