TYLER FECKO - 11 yo (2009) - Joplin KS / MO

Police in Joplin, Mo. have charged two adults with challenging an 11-year-old boy to take part in a drinking game that led to his death, court papers indicate.
A probable-cause statement has been filed in Jasper County Circuit
Court accusing Dale Phillips, 27, in the apparent alcohol poisoning
death of his nephew, Tyler J. Fecko, The Joplin (Mo.) Globe reports.
Phillips and his girlfriend, Linda Petrait, 27, are each charged
with one count of first-degree child endangerment and are being held on
$50,000 bond each.
The probable-cause statement alleges Phillips challenged his nephew to drink shots of whiskey at his home in Joplin. The next morning the boy was found unconscious.
Police have declined to discuss additional details of the case saying the investigation is ongoing.

Preliminary autopsy results are in from the case of Tyler Fecko, 11, of Joplin.Investigators say the autopsy shows nothing to contradict their theory that the child died of alcohol poisoning.However, they're still waiting for a toxicology report to confirm their suspicions and that could take six weeks.The affidavit in the arrest of Tyler's uncle and his girlfriend indicate the couple had Tyler take part in a drinking game.Experts
at the Scott Greening Center where teens and adolescents are treated
for alcohol and drug abuse say they see at least 15 kids a year who
have been hospitalized for alcohol poisoning.And no amount of alcohol is okay. Emergency
room physicians say poisoning happens when the alcohol level reaches
toxic levels, not only affecting an adolescent's brain, controlling
speech and decision making, but also internal bodily functions."Then
you start seeing other things, like blood sugar will drop, and that
causes real bad problems in young kids," explains Dr. Frank Veer, an
E.R. physician at Freeman Health. "They lose their ability to regulate
their own temperature and they get hypothermia. They stop shivering,
so you can't tell that they're hypothermic and then, worse thing is the
most fatal especially in adolescents is the respiratory depression."[Experts say children don't metabolize alcohol at the same rate as adults because their livers aren't fully developed.They say drinking games or binge drinking can be deadly, even after a person passes out because of a build up of toxins.

The eleven year old who died after alledgely being challenged to a drinking game is laid to rest. Tyler "T.J." Fecko passed away Monday morning with what police believe was alcohol poisoning.On Friday afternoon family and friends gathered at the Parker Funeral Home in Joplin to pay their respects.T.J.'s mother, Angie Fecko,
requested we stay at a distance from the proceeding. But from where we
were it was clear family and friends were still torn apart after
Tyler's life was cut short.Tyler was described as a cute and lovable kid who had just returned from church camp the week before he died.Tyler's obituary says he loved to both fish and hunt, and many in attendance wore camouflage.Pallbearers for the funeral included lifelong family friends, George Edwards and Josh Taft along with the reverand at T.J.'s church, Pastor Dewain Anderson.T.J. is surved by his mother, father and seven brothers and sisters.He was buried at Saginaw Cemetary.The funeral was officiated by Reverand Tim Martin and Dewain Anderson, who are pastors at T.J.'s church - Calvary of the Nazarene in Joplin.Parker Mortuary has established a fund to help pay for the burial. You can make donations directly to the funeral home.

A man from Joplin will go to trial for the suspected alcohol poisoning death of
his nephew.

Dale Phillips is charged with second degree murder for the
death of Tyler Fecko.

Phillips and his girlfriend, Linda Petrait, are
accused of playing a drinking game with the 11-year-old the night of his
death.

Autopsy results show the boy died from alcohol poisoning in July
last year.

Phillips has pleaded not guilty.

Joplin man charged with alcohol poisoning death of his nephew to go to trial
Updated: Dec 24, 2010 5:29 PM CST


JASPER COUNTY, MO. - A Joplin man charged with the alcohol poisoning death of his nephew will go to trial.

The ruling came in the preliminary hearing on Thursday for Dale Phillips, charged with second degree murder for the death of Tyler Fecko.

Phillips and his girlfriend, Linda Petrait, are accused of playing a drinking game with the 11-year-old the night of his death in July 2009.

Autopsy results show the boy died from alcohol poisoning.

Both Petrait and Phillips have been bound over for trial.

Both have plead not guilty to second degree murder.

http://www.koamtv.com/story/12206092/joplin-man-charged-with-alcohol-poisoning-death-of-his-nephew-to-go-to-trial?redirected=true

09AO-CR01465-01 - ST V LINDA L PETRAIT

07/08/2011		Hearing Held
		Defendant appears in person and with attorney, Larry Maples. The State appears by John Nicholas, APA. Previous motions from defense counsel are taken up. Pretrial motions and/or change of plea set on Friday, August 22, 2011. Case remains set for trial as scheduled. All settings are at 9:00 a.m. So Ordered: David B. Mouton, Circuit Judge.
		Scheduled For: 07/08/2011; 9:00 AM ; DAVID BOYCE MOUTON; Jasper County - Joplin

https://www.courts.mo.gov/casenet/cases/searchDockets.do

08/30/2011 Filing:
Proposed Order IN RE: Motion for Supplemental Discovery Regarding Police Reports filed.

08/26/2011 Hearing Held
Defendant appears in person and with attorney, Larry Maples. The State appears by John Nicholas, APA. Motion previously filed were taken up and a record made. Non privileged reports will be supplied by the state to the defense. State to produce any confessions or statements of Dale Phillips that might be produced before trial. Defense motion of August 17, in reguard to missing records of Joplin Police Department is taken up. Defense to provide an order to the court. Pretrial motions and/or change of plea set on Friday, September 9, 2011. Case remains set for trial as scheduled. All settings are at 9:00 a.m. So Ordered: David B. Mouton, Circuit Judge.
Scheduled For: 08/26/2011; 9:00 AM ; DAVID BOYCE MOUTON; Jasper County - Joplin

08/25/2011 Order
The court has reviewed records of George Fecko from Heartland Behavioral Health Services received in the court's chambers on or about August 2, or August 3, 2011, which were for in camera review. As indiciated the the clerk's note docketed August 2, 2011, the court was advised that the Federal Express packet was delived by Daryl Rhodes, Real Estate Consultant, who left the packet and his business card with security personnel on the first floor of the Jasper County Courtsbuilding at 601 S. Pearl, Joplin, Missouri, advising security personnel that he had found the packet at a residential dwelling located at 601 N. Pearl, in Joplin, which is the address shown on the outside of the packet. After having reviewed the said records, without ruling on the admissibility of the information contained therein, the court finds that the defense is entitled to discovery of the said records. Accordingly, the clerk is directed to furnish copies of the same to counsel for both of the parties. The court notes that the records affidavit provided with the records refers to 181 pages of records and that the records bore numbers in red ink, on nearly every sheet of paper provided. The court also notes that some of the sheets of paper contain information on both sides of the page and some of the records only on one side of the page. IT IS FURTHER ORDERED that the party receiving the records pursuant to this order is prohibited from using or disclosing the protected health information (PHI) for any purpose other than this litigation or proceeding for which the information is requested. IT IS FURTHER ORDERED that the clerk provide a copy of this order to the attorneys for the parties. It is so ordered. David B. Mouton, Circuit Judge.

Jury Trial Scheduled
Scheduled For: 09/27/2011; 9:00 AM ; DAVID BOYCE MOUTON; Setting: 1; Jasper County - Joplin


https://www.courts.mo.gov/casenet/cases/searchDockets.do

09AO-CR01465-01 - ST V LINDA L PETRAIT



09/19/2011 Criminal Motion Hearing Sched
Scheduled For: 09/30/2011; 1:00 PM ; DAVID BOYCE MOUTON; Jasper County - Joplin
Jury Trial Scheduled
Scheduled For: 10/18/2011; 9:00 AM ; DAVID BOYCE MOUTON; Setting: 1; Jasper County - Joplin


https://www.courts.mo.gov/casenet/cases/events.do

10/17/2011 Sent Assessment Report Ordered
Faxed to P&P - lh
Sentencing Hearing Scheduled
Scheduled For: 01/06/2012; 1:00 PM ; DAVID BOYCE MOUTON; Jasper County - Joplin
Hearing/Trial Cancelled
Scheduled For: 10/18/2011; 9:00 AM ; DAVID BOYCE MOUTON; Setting: 1; Jasper County - Joplin
Hearing Held
Scheduled For: 10/17/2011; 9:30 AM ; DAVID BOYCE MOUTON; Jasper County - Joplin
Amended Information Filed
Plea Hearing Held
Defendant appears in person and with attorneys Larry Maples and Jonathan Blachly. The State appears by John Podleski and Kurt Benecke, Assistant Jasper County Prosecuting Attorneys. State files Amended Information. Defendant withdraws the pleas of not guilty previously entered and files a Petition to Enter Plea of Guilty marked as Defendant's Exhibit A and a Memorandum of Plea Bargain marked as Defendant's Exhibit B. Defendant sworn. Hearing held. The Court finds that the Defendant's pleas of guilty are made voluntarily and intelligently, with full understanding of the charges and the consequences of the pleas, with the understanding of rights attending a jury trial and the effect of pleas of guilty on those rights. The Court finds there is a factual basis for the pleas as to both Counts I and II. The Court, therefore, accepts the plea of guilty under Count I to the charge of a Class A felony of murder in the second degree, and finds the Defendant guilty thereof. The Court also accepts the plea of guilty under Count II to the class C felony of endangering the welfare of a child in the first degree and finds the Defendant guilty thereof. Defendant requests a Sentencing Assessment Report. Court orders Sentencing Assessment Report to be prepared by the Board of Probation and Parole. Report shall be returnable on Friday, December 16, 2011. Defendant shall return for sentencing on Friday, January 6, 2012, at 1:00 P.M. Court defers the acceptance or rejection of the plea agreement until the date of sentencing. It is so ordered: David B. Mouton, Circuit Judge.

https://www.courts.mo.gov/casenet/cases/searchDockets.do

Missouri Woman Pleads Guilty In Child’s Drinking Game Death
October 18, 2011 9:45 AM

JOPLIN, Mo. (KMOX) — Two Joplin residents could find themselves in prison for more than a decade after an 11-year-old boy died from alcohol poisoning.

Linda Petrait, 29, pleaded guilty to charges of second-degree murder and second-degree child endangerment in the death of Tyler Fecko, who died after consuming a lethal amount of whiskey.

An Associated Content story that ran around the time of the July 27, 2009 incident found court documents stating that Tyler was challenged to play drinking games with Petrait and Tyler’s uncle, Dale Phillips. The games ended for both supervising adults, however, when Tyler’s condition deteriorated at a rapid rate.

“We received a medical distress call at 9:50 a.m. Upon our arrival, we found the boy unconscious and not breathing,” Lt. Brian Lewis of the Joplin Police Department told CBS St. Louis, who added that Tyler weighed just 55 pounds. “The boy was then taken to a local hospital, where he passed away.”

The couple was initially released after reportedly telling authorities that Tyler snuck into a liquor cabinet in their home after they had already fallen asleep. When caught trying to leave town by other family members, however, the truth about the incident began to unfold.

They were arrested and each held on $50,000 bonds.

Phillips, also 29, maintained his innocence and pleaded not guilty to both second-degree murder and first-degree child endangerment. A trial is pending in the matter of his case.

In accordance with the agreement Petrait made with prosecutors, she could spend up to 13 years in jail for the murder charge alone, with an additional five years spent imprisoned for the child endangerment charge.

If convicted, Phillips would face similar punishments.

“This is an exceptional circumstance, of course,” said Lewis of the situation. “He was 11 (when this happened).”

http://stlouis.cbslocal.com/2011/10/18/missouri-woman-pleads-guilty-in-child%E2%80%99s-drinking-game-death/

Dale Phillips



Jury Trial Scheduled
Scheduled For: 02/07/2012; 9:00 AM ; DAVID C DALLY; Setting: 1; Jasper County - Joplin


https://www.courts.mo.gov/casenet/cases/searchDockets.do

Mo. woman sentenced in boy's alcohol death

Posted: 01.08.2012 at 7:00 PM

JOPLIN, MO. -- A southwest Missouri woman has been sentenced to 13 years in prison in the alcohol poisoning death of an 11-year-old boy.

The Joplin Globe reports that 29-year-old Linda Petrait chose not to speak at Friday's sentencing hearing. Her family told the court she loved Tyler Fecko. But his mother, Angie Edwards, asked rhetorically, "What was she thinking?"

Petrait pleaded guilty in October to second-degree murder and felony child endangerment. Without the plea, she could have faced a much longer sentence.

Her 29-year-old boyfriend, Dale Phillips, also was charged in the July 2009 death of Tyler, who was his nephew. Authorities said the two Joplin residents were playing a drinking game with the boy while he was staying at Phillips' apartment.

Phillips is set to go to trial on February 7th.

http://www.connectmidmissouri.com/news/story.aspx?id=705060