A Penacook mother accused of selling methamphetamine from a small camper where her 2-month-old was found unresponsive last week, and later died, will be released from jail.
Kayla Austin, 20, had been held on $50,000 bail at the Merrimack County jail, but a judge reduced that amount Monday to $50,000 personal recognizance on the condition that Austin receive pretrial services. Individualized supervision plans for pretrial services can include, but are not limited to a curfew, electronic monitoring, substance abuse programming, and random drug tests and home visits.
Judge Kristin Spath also amended Austin’s bail conditions to allow her to have limited contact with the infant’s father, 24-year-old Bradford Ross. Ross is being held on $50,000 bail following his arraignment Friday on the same drug and child endangerment charges.
Spath didn’t explain why she ordered Austin to be released on personal recognizance while Ross’s bail remains unchanged.
Their 2-month-old’s death remains under investigation by Concord police, who said they found no initial signs of foul play. The New Hampshire Medical Examiner’s Office completed an infant autopsy, but police have declined to make those results public as toxicology tests are pending.
But Austin’s attorney, Andrew Livernois, said in court Monday that the autopsy was inconclusive, meaning the medical examiner could not say definitively what caused the boy’s death.
Officers responded to the white travel camper at 54 Penacook St. on the morning of Aug. 1 for a report of an unresponsive infant. While inside the camper, police said, they observed drug paraphernalia, which they seized by warrant the next day, in addition to 25 grams of methamphetamine.
The couple were living there with the infant and a 2-year-old girl, according to police. Police have declined to comment on the girl’s relationship to Austin and Ross, but said she is in good health and that the state Division for Children, Youth and Families is involved.
Austin and Ross were arrested early Thursday at the Holiday Inn on Main Street in Concord. Each face the following charges: one count of possession of controlled drugs with intent to distribute, two counts of possession of controlled drugs and two counts of endangering the welfare of a child, which are related to the discovery of drugs in the camper.
Several of Austin’s family members, including her parents and grandparents, attended court hearings for the couple Friday and Monday, but they declined to speak with reporters.
Austin’s mother, Jennifer Austin, addressed the court Friday and requested her daughter’s release from jail, in part so Kayla Austin could plan her son’s funeral.
Livernois echoed those sentiments Monday, calling the situation “tragic.”
He asked for Spath to release Austin on personal recognizance bail, stating she has strong ties to the community, is not a flight risk and has no criminal record. If released, he said, Austin would live with her grandparents and family members would take her to all required meetings and check-ins.
Prosecutors asked that $50,000 bail remain in place in both cases. Spath, however, sided with the defense.
Ross is scheduled to appear Thursday in Concord for a probable cause hearing. Austin is due back in court Sept. 1 for her hearing.
(Alyssa Dandrea can be reached at 369-3319, adandrea@cmonitor.com or on Twitter @_ADandrea.)