Child endangerment felony overturned

The Queens Village couple convicted for nearly starving their 16-month child to death on a self-prescribed vegan diet of kelp, herbs, teas, nuts and fruit has been overturned.
Now both 35-years-old, Joseph Swinton was sentenced to five years and Silva Swinton was sentenced to six years in 2003 for recklessly assaulting their daughter, Ice.
The Court of Appeals, New York State's highest court dismissed the conviction determining that there was insufficient evidence to prove the couple intentionally sought to harm the child under a mental state of &#8220depraved indifference.” The court upheld the lesser charge of reckless endangerment - reducing the felony conviction to a misdemeanor.
Due to an anonymous tip to children's service five years ago, Ice arrived at a Queens hospital suffering from severe malnourishment - almost at death's door weighing ten pounds - half the normal weight of a baby her age.
&#8220I find it difficult to understand how a parent's depriving an infant of food and medical attention for over a year and ignoring her obvious suffering is insufficient to establish depraved indifference to human life,” said Queens District Attorney Richard Brown.
According to the authorities, she had visible signs of rickets which had deformed her head, legs, and ribs, no teeth and frail bones. She could not walk, stand, sit, and had no ability to vocalize, only crying weakly.
Attorney for Joseph Swinton, Lynn W. L. Fahey, satisfied that the Court had made the &#8220right decision,” and said that she did not know if the couple sought to regain custody of their child.
Still being held in jail, the couple will go to court on July 18th for re-sentencing.