Five years after the death of a 5-year-old boy in Knox City, his grandfather is sentenced to prison. Trevor Tears was found unresponsive at this grandparents home where the boy was living in June of 2008. An autopsy shows the boy died from acute combined drug intoxication with five types of drugs found in his system including amphetamines and morphine.
Janice and Allen Rhodes were both charged with criminally negligent homicide in the death, but under a plea arrangement, only Allen Rhodes was convicted. He received 2 years for criminally negligent homicide and 10 years for delivery of a controlled substance. Those sentences will run concurrently.
The judge told attorneys two years ago he wanted to try the case in early summer of 2011, but it was delayed until yesterday. Trevor and his two older brothers were removed from their mother's custody because of alleged abuse or neglect.
The boy's father died before ever seeing the case come to trial and a family friend told us two years ago she planned to see it through for him, but didn't expect to see the punishment she thought they deserved.
Family friend Elda Martinez said, "The punishment will not fit the crime, but we'd like to see a lifetime, but there's a lot of unanswered questions."
A report from the the department of family services showed Trevor and his brothers were treated for attention deficit disorder and special needs. The report also cited concerns that Trevor had been overmedicated by the grandparents because they could not control his behavior.
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