Altoms, state reach plea deal

The death in 2005 of a 4-year-old Perry County boy was not caused by medical negligence on the part of his mother and stepfather, Perry County Prosecuting Attorney Thomas Hoeh said Friday.

Ethan Patrick Williams died Aug. 25, 2005, following a 25-day battle with an antibiotic-resistant staph infection. His illness sparked a Missouri Children's Division child abuse and neglect investigation, and his death led to voluntary manslaughter and child endangerment charges against Emily Altom, Ethan's mother, and Michael Altom, his stepfather.

On Friday, Hoeh and defense attorneys Allen Moss and Wayne Keller filed a joint stipulation outlining a plea agreement in the case — Hoeh would drop the manslaughter charge, the Altoms would plead guilty to three counts of felony child endangerment and Hoeh would recommend probation.

"The State stipulates that defendants' conduct did not result in the death of Ethan Williams and they were not responsible for the death of Ethan Williams," the paperwork filed with the Phelps County Circuit Clerk states. "Further, the state stipulates that said child's death was not related to the unsanitary conditions of the home as alleged" in three other felony charges against the Altoms.

"I am convinced that I would not be able to prove beyond a reasonable doubt that what they did or failed to do caused the death of their son," Hoeh said in a telephone interview.

A preliminary hearing in the case took place in December 2005. The case was sent to Phelps County in south-central Missouri on a change of venue. Since that time, a series of depositions from doctors who treated Ethan and other experts showed that the staph infection, methicillin-resistant Staphylococcus aureus, or MRSA, is a strong and deadly germ that can kill even with prompt and appropriate medical treatment, Moss said.

"By the time we were done with depositions, I believe there was little or no evidence that these parents were negligent in the medical care of Ethan or that they contributed to his death," Moss said.

The child endangerment charges stem from the massive amount of trash, animal excrement and other garbage found in the Altoms' rural Perry County mobile home when Missouri Children's Division workers and Perry County Sheriff's Department deputies visited the home soon after Ethan was hospitalized. At the time, Ethan lived with the Altoms with his older brother and younger half brother.

Investigators found only a small path through the empty beer cans, wine cooler bottles, broken toys and dirty dishes leading to the bedrooms. Another path led to the only working bathroom, where the toilet was stained and the tub was filled with junk.

Ethan was initially taken to Perry County Memorial Hospital, where he was diagnosed as dehydrated and suffering from pneumonia. Doctors began treating his symptoms but did not know he was infected with the drug-resistant bacteria. About 12 hours later, he was transferred to Cardinal Glennon after his condition deteriorated. At that hospital, doctors performed surgery to clean up the infection in his bones, but his fight for life ended 25 days later.

"We were able to establish that the unsanitary living conditions did not have anything to do with his MRSA infection," Moss said. "We were able to separate the two issues, able to focus on the factors that intervened."

Lives 'on hold'

The looming court case and the suspicion surrounding them has made it difficult for Michael Altom to find employment and has put their lives "on hold," Moss said.

Being able to obtain a dismissal of the most serious charge, he said, makes the case the most satisfying of his 23-year career as a lawyer. "They have been living under this specter, this cloud, for three years," he said. "I can't think of anything more horrible."

The Altoms lost custody of their youngest son to Emily Altom's parents. The older boy is in the custody of his father, Danny Wayne Williams of Perryville, Mo.

The case has led to emotional reactions in the community, Hoeh said. It has also reminded him that his job requires him to seek justice for all sides, he said, knowing that he will be criticized for his decision to drop the manslaughter charges.

The Altoms faced from five to 15 years in prison on the manslaughter charge. They could still be sentenced to up to seven years in prison on each count of the child endangerment charges if the judge in the case rejects Hoeh's sentence recommendation.

"Justice to the victims is something that is very obviously my job," Hoeh said. "It is not quite so obvious that I try to do justice to the offenders. I know the family of the victims suffered a horrible loss. The whole community suffers a horrible loss when a child is lost.

"But I had to do what I think is right as far as the defendants are concerned, even though it has caused a great deal of disappointment to the loved ones of that little boy," he said.

Patricia Williams, Ethan's grandmother, could not be reached for comment. Moss declined to allow the Altoms to be interviewed.

Hoeh, Moss and Keller have asked for a hearing Friday to finalize the plea deal, but they have not been told whether that will be possible, Hoeh said.

rkeller@semissourian.com

388-3642

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