Woman receives no additional jail time for infant son's death

FREMONT — A Fremont-area woman was recently convicted by a jury on a lesser charge for her role in her infant son's death. At the conclusion of a two-day trial on Aug. 13, Valerie K. Fleming, 29, of the 1300 block of Ohio 523 in Rice Township, was found guilty on a lesser amended count of endangering children, a first-degree misdemeanor. Fleming originally faced a third-degree felony child endangering charge along with a first-degree felony involuntary manslaughter charge. A jury acquitted her on the latter charge. Fleming was convicted on the lesser charge due to the jury finding that the prosecution "did not prove beyond a reasonable doubt" that Fleming's conduct resulted in serious physical harm to her son, according to court records. On Aug. 14, Sandusky County Common Pleas Court Judge Jon Ickes sentenced Fleming to serve approximately six months in the Sandusky County Jail. But since Fleming had already served and received credit for about 10 months spent in county jail, she's not expected to serve any additional jail time, according to court records. Fleming, along with her co-defendant and the infant's father, Dustin L. Abenante, 37, also of the 1300 block of Ohio 523 in Rice Township, were both indicted by a Sandusky County grand jury in late September for their roles in the death of their infant son in September. A Sandusky County Sheriff's Office report identified both Abenante and Fleming as the infant's parents. Abenante was indicted on the same charges as Fleming. He pleaded guilty to and was convicted of one amended count of attempted involuntary manslaughter, a second-degree felony, on Aug. 8, and the child endangering charge was dismissed. Ickes sentenced Abenante to serve five to seven-and-a-half years in prison, according to court records. Under the terms of his sentencing, Abenante received a credit for approximately 10 months served in jail and will be placed on a mandatory term of five years post-release control. Background The investigation into both Abenante and Fleming began on April 2, after deputies from the Sandusky County Sheriff's Office responded to the residence about an unresponsive infant, according to a Sandusky County sheriff's report. The report redacts the victim's name but identifies him as a 3-month-old child whose parents are Abenante and Fleming. Once deputies arrived at the residence, a deputy immediately began CPR on the infant shortly after first responders arrived and pronounced the infant deceased, the report states. A deputy began speaking with Abenante about what had occurred. Abenante told the deputy that he had found the infant face down on the ground and that Fleming said that the child was in a swing at the time and that the child sleeps with them every night, the report states. When the deputy asked Fleming about what happened to the child, she said that she and Abenante smoked a vape pen before going to bed. Fleming said that she did not recall waking up in the middle of the night but that she routinely breastfeeds the child throughout the night and will fall asleep, the report states. Fleming told the deputy that when she did wake up, she found the infant on the "floor and unresponsive." Fleming also allegedly admitted to the deputy that she and Abenante had used cocaine and heroin on the day and evening of April 1, the report states. While on the scene, responding deputies allegedly observed evidence of potential drug use at the residence, including Naloxone, a medicine used to reverse an opioid overdose, found on the kitchen counter. Deputies also found fentanyl test strips, portions of cut straw, pieces of foil and cellophane throughout the residence and in the toilet, the report states. Based on their initial findings, the deputies obtained a search warrant for the residence and blood samples for the couple. On April 3, both Abenante and Fleming were taken into custody and charged with endangering children, which preceded their indictments.