Ellis sentenced to 14 years in DOC

Prosecutor recommended number of years in prison match years of child’s life

By Laura Schiermeier, Staff Writer
Posted 6/10/20

VIENNA — Maries County Circuit Judge William Hickle sentenced Tracy M. Ellis to 14 years in the Missouri …

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Ellis sentenced to 14 years in DOC

Prosecutor recommended number of years in prison match years of child’s life

Posted

VIENNA — Maries County Circuit Judge William Hickle sentenced Tracy M. Ellis to 14 years in the Missouri Department of Corrections (DOC) on Friday for the class A felony charge of first degree endangering the welfare of a child.

Ellis, 43, entered a guilty plea to the charge in March. She was previously charged with murder for the death of her 14-year-old special needs daughter, Ashlyn Ellis. Ashlyn died home alone in the family’s mobile home, located on MCR 438 in the Vichy area, which caught fire.

Her burned remains were found by first responders in her bunk bed. The bed was rigged with a locked gate so she could not get out and hurt herself, relatives said at the sentencing hearing last Friday. Maries County Prosecuting Attorney Anthony “Tony” Skouby recommended a sentence of 14 years in the DOC, a year for each of the years Ashlyn had lived.

Hickle said there was excellent presentation on both sides during the hearing that was heartfelt with family members expressing their care about a wonderful person that Ashlyn was. “It is a tremendous loss,” the judge said.

He said Ellis pleaded guilty to the class A felony of endangering the welfare of a child, who died on March 17, 2019, in Maries County, when she knowingly acted in a manner that created a risk to Ashlyn by leaving her at home alone, locked in a cage and a fire started and she lost her life.

A class A felony is punishable by up to 10 to 30 years in prison or life in prison. It also drops all the way to no time as the court can grant probation.

In hard cases, Hickle said he thinks through the purposes of punishment in the justice system. In general, the concept of punishment speaks not just for one person but for the community as a whole.

There is retribution as society has entrusted justice to the court system and the punishment should be appropriate to the crime. The crime they dealt with at the hearing is one of the most serious crimes there is, a class A felony.

“I’m not going to make a probation decision today, he said. “I want to see how you do in prison.”

The judge said there is a statute that allows but does not require the court to give probation at the end of 120 days.

“I am leaning toward not granting you probation,” he said. “I want to give you a chance and see what your behavior is like. If it’s flawless, I will consider probation.” He said there is an uphill battle for her but he will last least give her a chance.

The bailiffs put her hands behind her back and handcuffed her and she was led out of the courtroom. She said nothing.

The hearing last Friday was full of emotional testimony by law enforcement, a children’s division caseworker, Ashlyn’s caretaker and Ashlyn’s grandparents from both sides of her family. The burning death of the young girl was said to have “shattered” their family.

Ellis sat quietly at the defendant’s table with her attorney Grant Smith as Hickle sentenced her. Hickle said he was not going to make a decision that day about possible probation for Ellis as he wants to see how she does in prison. He will reevaluate her status after she serves 120 days of shock time.

At last Friday’s sentencing hearing, Ellis entered the courtroom wearing a mask and using a walker. She took her place at the table with attorney Smith.

Children’s Services caseworker

Prosecutor Skouby called the first person to give evidence, Kirsten Brummet who works for the Division of Children’s Services on Ashlyn’s case. She had performed an investigation and reported Ashley Ellis was abused and neglected. In July 2017 she reported a lack of supervision by her mother, Tracy Ellis. She said Ashlyn’s older brother, Conner Ellis, told her he’d been home all day and did not realize Ashlyn was there. Brummet said Ellis avoided making contact with her, she believed. She told Ellis Ashlyn could not be left alone and the kids could not be her supervisors. Skouby commented, “Here we are two years later with a dead child and the same circumstances.”

Attorney Smith questioned Brummet about how she knew Ellis was avoiding her and if she left a voicemail, and she said she didn’t remember. She also said her supervisor unsubstantiated her report in 2017.

Detective Ken Kilmer

Ken Kilmer, former Maries County Sheriff’s Detective, was the next person to give evidence. He investigated the death and saw and identified the burned, locked gate apparatus that was on Ashlyn’s bunk bed. Kilmer said there was a bare mattress on the bed and the gate prevented her from leaving it. It was locked, but the lock had been broken by some of the firemen who responded. He said Ashlyn could not get out when the trailer caught on fire because she was locked inside the bed. Kilmer identified photos of the scene, including her burned remains. Skouby commented, “I’ll never forget this case and my job and I bet you don’t either.”

Kilmer attended the autopsy and said the diaper Ashlyn was wearing contained an extensive amount of fecal matter and urine, saying it as “soaked and disgusting.” There was nothing in her stomach indicating she had not been fed for hours.

Kilmer spoke with Tracy Ellis after the fire and her daughter’s death and she told him it was about the fire and not about her daughter. When she realized she was going to be arrested, she uttered vulgarities towards Sheriff Chris Heitman. A news camera was at the courthouse when she arrived and she extended her middle finger to the news crew.

When Kilmer investigated the Ellis mobile home the next day, he saw soiled diapers all over the room, on the dresser, the window, all over the floor and they were dirty, nasty diapers. The smell of urine was so bad it could be smelled over the smell of the burned-out mobile home. Kilmer said he saw the conditions Ashlyn lived and died in. She was wearing the same clothes on the Sunday of her death that she had worn Friday to get her photo taken at the W.C. Robinson school.

Attorney Smith asked Kilmer if under the circumstances it was not unusual for Tracy Ellis to use curse words because she’d lost her daughter and was grieving as law enforcement was arresting her. Kilmer said he could not gauge what a proper reaction would be for the death of a child. Smith said people deal with tragedy and grief in different ways. He asked Kilmer about the news crew waiting for them at the courthouse when they brought Ellis to jail and if he’d called them. Kilmer said he didn’t know who called them.

Hickle asked Kilmer if the cause of the fire was determined and he said it was not as there was not enough evidence left, as it all burned up.

Ashlyn’s Caretaker

Debra Eads was the next person to give evidence. Skouby said, “Ashlyn needs your voice.” Eads gave a very emotional testimony, stopping many times overcome with grief and tears. Eads said she took care of Ashlyn since she was three weeks old until she was 14 years old, but not on weekends. Ellis brought Ashlyn to her house at about 5:30 a.m. She noticed about three to six months before Ashlyn died that the girl would arrive in poor condition, in pajamas or a t-shirt with a dirty diaper that was “soaking wet.” First thing Eads would have to give her a bath. She became suspicious Ashlyn’s diaper was not changed at all. She began to sometimes put an X on the diaper she put on when she went home and many times the next day Ashlyn was wearing the same diaper. Sometimes the girl wore the same diaper all weekend and she’d see the X on Monday.

Ellis did not use a car seat as she should have. The girl would have such dry lips that they bled and she would have to medicate her lips before feeding her. She was very thirsty and Eads gave her as much water as she could get her to drink. “Everybody, everything on the earth needs water,” she said. She said Ellis always had a lot of excuses. She would come into Eads home and sit down and start “playing with her phone.”

Eads was owed $3,000 for the care she gave, which finally she was paid. She suspected Ashlyn was not getting enough food so she doubled-up on feeding her. She was hoping Ellis would take more responsibility for her child. She wept saying she’d raised the child for the past 13 years and “she was my heart and soul.”

Eads had to be given a moment before Smith could ask his questions. He asked who paid her and Eads said Ellis did but it was adding up. “I didn’t care about the money,” she said. Eads bathed Ashlyn, combed her hair, brushed her teeth and got her ready for school. Ashley could move and crawl and her favorite thing was water. She knew what food was and she would get into it and get it all over her but didn’t get it in her mouth. “She was a blast, and my heart, and she needed taken care of,” she said. Smith asked her why she didn’t call DFS and Eads said it would have been the same results because the system is broken and a baby died because of it. She had no proof, adding “I would have taken her in a heartbeat.”

Victim’s Impact Statement

Johnny Ellis gave a victim’s impact statement from the witness stand. He is Ashlyn’s paternal grandfather and they lived nearby and spent a lot of time with the three Ellis children. “What can you say when you lose a grandchild in this manner?” he said. It affected the family, Tracy’s family, the whole community.” Ashlyn would come into their home laughing, screaming with joy. She would get on his lap and try to get his glasses. He said she was a special needs child, and he began to get emotional. His wife in the public seating was emotional as well. “I see her with her arms wide open saying, ‘Grandpa why didn’t you come.’ Nobody came, nobody knew. What can you say. It doesn’t matter. Ashlyn is gone and is not coming back. Our family is hurting. The community is hurting.” He said a part of a scripture from John 14, “I go to prepare a place for you, I will come back and take you to be with me that you also may be where I am. You know the way to the place where I am going.” Ellis says he pictures Ashlyn’s arms up saying, “I knew you would come Grandpa.” He said what is done is done and he can’t bring her back. They’ve all had losses and the circumstances of Ashlyn’s death are atrocious. A lot of tears have been shed.

Pastor Scott John

Sheriff’s Deputy and Pastor of Broadway Baptist Church, Scott John, spoke about the impact of Ashlyn’s death on the family. The Ellis family attended his church and they sometimes brought their grandchildren. Her death had an impact on the community. There were several first responders who needed counseling following the fire and the young girl’s death. “This should have been avoided. She was told by child protection services she was not taking proper care of the child. John and Janet lived close. They were in church with me that day when it happened. Ashlyn should have been in the church that day.” Ellis was working and Conner was gone. “Why she was left home alone I don’t know. It should have been prevented and it would have saved a lot of people a lot of pain.”

Tracy  Ellis’ sister

Attorney Smith called Ellis’ younger sister, Brandi Mills to the stand. She spoke about their family suffering through the death of their older brother when she was 14. Ellis was a junior in high school. They grew up in Drury and went to high school at Dora in Douglas County. She saw Ellis and her family over holidays and on different occasions when they could get together. Smith asked her if she was concerned about her sister or Ashlyn and she said Ashlyn seemed to be clean and fed. If she thought something was wrong she would have said and done something.

She has noticed a difference in her sister since Ashlyn’s death. She’s forgetful, sick, crying, and the stress of it all has made her MS worse. She knows she is grieving and when she talks to her, she talks about other things. “She knows she can call me.”

Tracy Ellis’ father

Ellis’ father, David Doria, spoke next. His son passed away when he was 19 years old in an automobile accident. It was a tough time. Tracy and Johnny got married and had three children, Conner, Ashlyn and Cameron.

Ashlyn was a special needs child. She could not feed herself and was not verbal although she made noises. She could smile and she tried to get hold of his glasses. They would come and babysit.

When Johnny was still alive the family was closer. He was like a son to him, the only son he had at that time. When Johnny died, things changed. They used to go fishing, then it wasn’t the same. “As a parent who lost a son, I could understand,” he said.

Tracy was raising the kids by herself on the Ellis property and Doria said all the times they visited he did not have a concern about Ashlyn’s care. He was concerned for Tracy because it is hard to raise a family, work, and take care of a disabled child.

Prosecutor Skouby pointed to the burned bed rails with the broken lock that was in the courtroom. Doria said she had to have it to keep her from getting hurt. His wife bought the bunk bed. He said the gate was necessary to keep Ashlyn in bed because she would crawl out.

He said the death has affected the whole family. They lost a son, then another son when Johnny died, and then a granddaughter. Since the fire, they’ve not seen the other children much and their relationship has been affected.

Smith asked her what he thought should happen to his daughter and Doria said with her medical condition, she ought to be put on probation.

Tracy Ellis’ mother

Bonnie Doria, Ellis’ mother, also spoke. She said the bunk bed came from FFO in West Plains and she paid for it herself. She said the gate was necessary as if Ashlyn got a leg over to get out, she could get hurt. Ashlyn did not sleep well at night. She would cry and they didn’t know why. She put her in bed and she was okay, maybe she was hurting. There was no way to tell. Taking care of her was a full-time job.

She began to weep when she spoke about how this has changed their relationships with family members and the Ellis family. They were close before. Johnny was a son to them, too. She said their family has had too much death and tragedy. Tracy has been living with them and her medical condition is worse. She can’t walk without a walker as she can’t balance. She can’t drive and has had two infusions that cost $65,000 each. If not for the infusions, she would be in a wheelchair. Tracy has a constant migraine headache that never goes away. She sleeps in a recliner but has trouble getting to sleep.

She is 72 and her husband is 70. This is not how they planned to spend their retirement years. She said she would like to see Tracy get probation. She’d be living with her.

Closing Statements

In a closing statement, Skouby said he read the sentencing assessment report and not one time did Tracy say she was sorry. “Ashlyn lived fourteen years and the state asks for fourteen years,” he said. Ellis was told not to leave the child home alone and she needs to be held accountable for the child’s death.

In his closing remarks, Attorney Smith said, “There is nothing about this case that is not difficult or tragic and nothing we can do will bring the little girl back to us.” He said Ellis does not have to make a statement. She processed grief differently than other people. She was angry when she found out they were putting her in jail when she was upset about the death of her child. The family relationships have disintegrated.

Smith said the crime she pled guilty to has a broad range of punishment. He’s asking the court to consider a term of years, but then grant her a suspended execution of sentence and probation. Also possibly if the court believes it is necessary to deprive her of the little bit of freedom she still has, the court can do a 120 day shock time.

He said nothing will bring the girl back and he doubts this court action will bring closure as people will continue to think of this girl. He stated that Ellis wakes up thinking about what happened. She has only a little relationship with her other two kids. “Her life has been destroyed. I don’t believe imprisoning Tracy is going to accomplish anything.”

Skouby replied, “A life has been lost and she is responsible for the loss of life.”