Kimberly E. Ervin
has been charged with first-degree involuntary manslaughter and two counts of first-degree endangering the welfare of a child.
Court records said Kansas City police went to 3439 E. Sixth St. on Jan. 30, 2009, on a report of a child who was having trouble breathing. Ervin told police that her 3-year-old son, Joshua Moss
, was having problems breathing related to asthma. She said he had vomited on his bedding and would not wake up
Moss was taken to Children's Mercy Hospital, where he was pronounced dead.
During the investigation, police discovered that there was a second victim -- Joshua Moss's twin brother, Jeremiah Moss
. He was also admitted to the hospital. Medical tests showed he had Flexeril (muscle relaxant) in his system
. He was treated and released.
Court records said that while at the hospital, staff members took a report from Ervin's 14-year-old son, who said she had drugged the two victims to keep them quiet so she wouldn't have to care for them while she was getting high.
Results of Joshua Moss's autopsy showed he died as a result of acute oxycodone, alprazolam (Xanax) and cyclobenzaprine (Flexeril) toxicity
. Partially digested pills were found in his stomach. He also showed signs of previous exposure to prescription drugs.