Alva Review-Courier -

An Alva couple charged with felony child neglect pleaded nolo contendere (no contest) in Woods County District Court Wednesday, Sept. 27. Twana Jean Smart, 53, was charged with two counts of felony child neglect. Timothy Douglas Smart, 57, was charged with two counts of enabling child neglect, reduced from felony child neglect.

Twana Smart was sentenced to 15 years imprisonment for each count, to be served concurrently, until September 26, 2032. All except the first seven years is suspended.

Timothy Smart was given a 10 year deferred sentence for each charge, to run concurrently, until September 26, 2027. The first two years are to be supervised by the Oklahoma Department of Corrections.

In addition, both will be responsible for paying fines and court costs that have mounted up since the charges were filed in 2015 and 2016. According to online court records as of Sept. 29, Twana Smart owed $6,295.15 and Timothy Smart owed the state $4,036.40.

First Charges Filed in February 2015

The first charges against the couple were filed on Feb. 19, 2015, following the 2014 death of Kalib Smart, their disabled adopted son who was 17.

According to court records, on April 28, 2014, the Woods County Sheriff’s Office received a call from the Share Medical Center advising they received a call from Twana Smart reporting the death of her son. Deputy Keith Dale went to their residence on U.S. Highway 281 near Alva to investigate the unattended death.

Twana Smart told Dale that the boy was a “shaken baby” and because of that he was blind, partially deaf, did not speak and ate from feeding tubes. Dale reported that the area surrounding the boy, including the bed rails, walls and medical fluid stand appeared dirty and unsanitary. The mother told him the boy had not seen a physician for the past year and his health had been declining the past 18 months.

The boy had been adopted by the Smarts as a child and remained in their care and custody until his death. The boy’s biological father had been convicted of shaking him in Las Vegas years ago.

On Jan. 20, Deputy Dale received the medical examiner’s (ME) report. The cause of death was undetermined, but the ME wrote the cause of death was likely encephalopathy (brain disease) with bronchopneumonia and severe ulcers with possible sepsis and renal failure. Dale requested assistance from the Oklahoma State Bureau of Investigation (OSBI).

The autopsy report showed the boy had 22 injuries, nine scars, 12 ulcers and two abrasions. One ulcer measured 22x10 cm or 8.66x3.94 inches. One was 3 cm or 1.18 inches deep extending to the bone.

On Jan. 22 OSBI Special Agent Trevor Ridgeway was granted a search warrant for the Smarts’ residence. He and a DHS investigator went to the residence where they interviewed the Smarts. Twana advised their adopted son’s health had been declining and she had not taken him to seek medical assistance. She said during the six weeks prior to his death, the sores had become worse. She said she was afraid she would get in trouble for letting the sores get as bad as they were.

Timothy Smart said he was aware of the boy’s condition and the sores. He said his wife did the best she could and kept the boy alive as long as she could.

Second Charges Field in May 2016

On May 25, 2016, the Smarts were each charged with an additional felony count of child neglect involving another disabled adopted son, age 17, listed as ES in court records.

Court records show that Special Agent Trevor Ridgeway of the Oklahoma State Bureau of Investigation began the investigation leading to the charges on Nov. 13, 2015, at the request of Woods County Assistant District Attorney Westline Ritter. ES is described as a handicapped child who was adopted at age two by the Smarts. ES was born at 36 weeks old with exposure to amphetamine and tobacco. He was not verbal, partially mobile and limited to soft liquid type foods and tube feedings for nutrition.

Ridgeway interviewed numerous people including school teachers, physical therapists, DHS employees and law enforcement officers who had contact with the child or had been in the Smart home.

When Ridgeway visited the Smart residence at 6:20 p.m. he found ES was already in bed and was told he had been in bed since 2 p.m. Ridgeway described the bedroom as having “a horrible odor” believed to be caused by spoiled, spilled formula on the walls, bed and floor that did not appear to have been cleaned for a substantial amount of time. The boy was in a metal cage/crib style bed.

One school teacher told Ridgeway she made about 40 referrals to DHS regarding ES due to poor hygiene and physical injuries. The hygiene issues were matted hair, dirty fingernails, matted eyes, an odor similar to cat urine and balding spots. She also said it was common for his wheelchair to be filthy. She said it was so bad the school employees took the chair to the car wash to clean it.

One teacher quoted Twana as saying “if you saw how much money I got you would adopt some kids like him too.” Another teacher said Twana told her she did not want ES to learn to walk.

Several of those interviewed described hostility from Twana when they questioned her care of ES or suggested more therapy.

Alva Public School records showed numerous absences from school. During the 6th grade school year, ES had 11 unexcused absences and 27 excused absences. During the 7th grade school year ES had 71 excused absences. During the 8th grade school year ES had 61.5 unexcused absences and 9 excused absences.

The crime of felony child neglect is punishable by imprisonment up to life, or by a fine of not less than $500 nor more than $5,000, or both such fine and imprisonment.