Upstate New York mother faces homicide charge in daughter’s death from diabetic ketoacidosis

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HANOVER, N.Y. — A mother from upstate New York appeared in court Thursday as witnesses detailed the neglect that prosecutors allege led to her 12-year-old daughter’s death in April, which has been ruled a homicide by medical neglect.

Ashley Bertino, 36, was charged with second-degree homicide following the death of her daughter, Mya Smith, who passed away in her home on April 29. The Erie County Medical Examiner’s Office determined that Mya died of diabetic ketoacidosis, a condition caused by untreated diabetes, and classified her death as a homicide.

During the preliminary hearing at Hanover Town Court, witnesses painted a troubling picture of the months leading up to Mya’s death. Colleen Smith, a school bus driver who had known Mya for years, testified that Mya often appeared unkempt and complained of extreme thirst during bus rides. Smith, a mandated reporter of suspected child abuse, stated she alerted school staff to concerns about Mya’s condition.

Smith recounted that two weeks before Mya’s death, Mya’s siblings told her that Mya was “really sick” and unable to leave her bed. Smith also noted that Mya attended school only sporadically during that time, and that the children often wore inappropriate or poorly maintained clothing.

Bertino was arrested on Monday after a months-long investigation by the Chautauqua County District Attorney’s Office. Prosecutors allege that her neglect of Mya’s worsening medical condition led directly to the child’s death.