Elliot

By Julia Hunter, New Era Staff Writer

A Hopkinsville woman who pleaded “guilty but mentally ill” to an amended charge of second-degree manslaughter in the neglect death of her mother will not serve any time in prison.

John Atkins sentenced Penny Jo Smith Elliot, 43, to 12 months of home incarceration Tuesday in Christian Circuit Court. She is not to have any contact with anyone except family and will be monitored electronically. Atkins said it was the strictest condition of probation he has ever issued as a judge.

Elliot’s mother, Betty Jane Simpson, 76, of Bark Ridge Court in the Great Oaks subdivision, died on June 16, 2005, after a nine-day stay at Jennie Stuart Medical Center. When she arrived, she was suffering from dehydration, malnutrition and bed sores. Emergency room employees believed she was dead when she arrived because she was so unresponsive.

Elliot, who had been her mother’s primary caretaker, was accused of leaving her mother locked in a bedroom for long periods of time and treating her mother’s bed sores by scraping the scabs and then using a cigarette lighter to cauterize the wounds. She also tried to cash a forged check for $1,555 on her mother’s bank account, according to police.

As part of her plea agreement, Elliot also pleaded guilty to second-degree criminal abuse and second-degree criminal possession of a forged instrument.

After the sentence was read, Elliot’s brother, Mark Simpson, jumped from his seat and left the courtroom as he yelled, “this is not just,” slamming the courtroom door. He had submitted a written statement requesting that Elliot be sent to prison. Elliot’s other brother also thought it was appropriate for her to serve prison time, said Commonwealth’s Attorney Lynn Pryor. Because of his health, he was not present at the sentencing.

Sitting on the opposite side of the courtroom, other member’s of Elliot’s family, including her husband, her daughter and her sister, cried out of joy. Her daughter said, “Thank you, thank you.” Susie Hurst, Elliot’s attorney, told Atkins that Elliot’s father had said he didn’t think Simpson would have wanted her daughter to serve time in prison.

Before her sentencing, Elliot gave a tearful statement to the court.

“My mother was my best friend,” she said, crying. “I find myself going to call her. I keep forgetting she’s dead. She was my best friend.”

Although Pryor said she was opposed to probation because of the seriousness of the crime, Atkins said he had given the sentence a lot of thought.

“The law requires the judge to consider the defendants mental, physical and emotional state,” Atkins said. “(Elliot) has components of all of those, more so than anyone else I’ve ever dealt with in a similar situation.”

In Elliot’s plea agreement, Pryor had recommended that Elliot receive an 18-year sentence — 10 years for the manslaughter charge and four each for the criminal mischief and forgery charges. By signing the plea, she was not ineligible for probation; although Pryor said she opposed it.

During Elliot’s trial, two psychiatrists testified that she suffered from bipolar disorder, but could not be sure of Elliot’s mental state when her mother suffered the injuries and neglect that led to her death.

Elliot served more than 14 months in jail after her arrest in 2005. She has been out on bail more than a year ago. She was married to George Elton Elliot on April 21, 2006, while she was in jail.

JULIA HUNTER can be reached at 887-3262 or by e-mail at jhunter@kentuckynewera.com.