YOUNGSTOWN Grandmother accepts deal on drug charges

The grandmother faces up to 120 days in jail and a $1,000 fine.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The grandmother of a 15-month-old boy who died after swallowing her OxyContin pills pleaded guilty to minor drug charges and awaits trial on involuntary manslaughter.
Mary Ann Barnett, 45, of Julian Street, appeared in municipal court Monday afternoon. She pleaded guilty to drug abuse (Darvocet) and drug abuse (Tylenol No. 3). A third drug charge was dismissed.
The plea agreement was worked out between Barnett's lawyer, Anthony P. Meranto, and Dana C. Guarnieri, assistant city prosecutor. Guarnieri said the case had been set for a jury trial.
Judge Elizabeth A. Kobly told Barnett that she faces up to 60 days in jail on each conviction and a $500 fine. Sentencing was set for Dec. 11.
Meranto had asked for a sentencing date after Dec. 4, saying he would know where he stands by then with Barnett's case pending in Mahoning County Common Pleas Court. With plea negotiations at an impasse, trial was set for Dec. 4 in Judge James C. Evans' court.
Barnett faces two counts of drug possession (OxyContin) and involuntary manslaughter in the death of her grandson, Justin W. Hoschar, who died Dec. 10, 2001. He had been taken to Forum Health Tod Children's Hospital three days before in a coma.
Loose pills were found at Barnett's home and she was high on drugs and unaware of her surroundings the day the child was admitted to the hospital, police said.
Coroner's ruling
The Trumbull County coroner's office ruled the death accidental. The 15-month-old boy probably ingested between nine and 13 of the 20-millgram pills while unsupervised by a caregiver who was likely intoxicated, Humphrey D. Germaniuk, a forensic pathologist, wrote in the autopsy report.
OxyContin is a powerful painkiller dispensed by prescription. Barnett told police she takes it for pain but bought it off the street, not with a prescription.
Last December, Barnett said in court that Justin and his 21/2-year-old sister were living with her because their parents were unable to care for them. Barnett's daughter is the children's mother.
Germaniuk said in his report that Justin's stomach contained a bubble gum wrapper, suggestive of a hungry or curious child who put things in his mouth.
The boy could have ingested the pills on his own because they are small and easy to swallow and the outer coating has no taste.
meade@vindy.com