Women charged after infant’s death released: Judge rules to significantly reduce bail for Debra Jones and Donna Pilcher

He specified that the decision to significantly reduce bail “isn’t a preliminary determination of guilt or innocence,” and doesn’t reflect the strength of either case. “What it really is, is a decision based on two major factors,” which he explained as: Should they be released on pretrial bail; and will the victim’s family and the public at large be safe if they are.

All three defendants turned themselves in after hearing about the indictments, filed Sept. 13; and neither Debra Jones, 61, or Pilcher, 62, have criminal records — significant factors Judge Olson considered when making his decision.

Judge Olson said that, during his seven years as a judge, he has only noted five times where defendants turned themselves in and remarked that it was a rare occurrence that signifies both Pilcher and Jones are serious about complying with the court.

Pilcher and Jones were each charged with second-degree manslaughter, criminally negligent homicide, first-degree criminal mistreatment — all felonies — and five misdemeanor counts of operating an unlicensed childcare agency.

A third woman, Rochelle Jones, 51, also received the same charges for the incident. Her plea hearing is scheduled for Jan. 16.

The daycare was operating out of the Jones’ residence in the 1100 block of Red Tail Loop in Hood River at the time of Cyrus’ death at Providence Memorial Hospital on May 15.

In an official statement to the court, Cyrus’ parents, Jason and Bobbi Macioroski, said that they do not want those allegedly responsible for the death of their son “to ever be released,” and they “don’t want to run into them again on the street.”

Deputy District Attorney Carrie Rasmussen, who is prosecuting the case on behalf of the state, read the statement aloud to the court on the Macioroskis’ behalf. Both the victim’s parents were present in the courtroom, along with family friends and other family members, but Rasmussen said that they were unable to read the statement themselves.

The family requested that a photo of Cyrus with his older brother, Atlas, be presented to the judge with their statement — a request that both the defendants’ attorneys objected to.

Judge Olson overruled the objection and accepted the photo.

“We respectfully request that no one be released until they have acknowledged what they have done and have served their sentence,” the statement said, remarking upon the defendants’ “disregard for human life.”

Rasmussen agreed with the defendants’ attorneys that both Pilcher and Jones have thus far, “to varying degrees,” cooperated with law enforcement; but “that being said, we have one of the most serious charges you can ever be faced with in the state of Oregon,” she said, referring to the manslaughter charge — a Measure 11 crime, which means that it’s considered a “serious felony” and carries a mandatory minimum prison sentence of 70 to 300 months.

“These circumstances are certainly tragic, and we have nothing but sympathy for the Macioroski family,” said Drew Baumchen, Pilcher’s attorney, but added that pretrial release laws do apply and that Pilcher, whom he was representing, presented no threat to the victim’s family.

The state presented three exhibits for Judge Olson to review: The autopsy and police reports; a timeline and summary of events based on the defendants’ testimony; and a series of emails that show the limits the office has had with discovery due to a staff member’s absence. Judge Olson said that he did not consider the latter to be a significant factor in his decision. Because there was an objection to the court receiving the three exhibits ahead of time, Judge Olson called a 15-30 minute recess, so he could adequately review the exhibits before continuing.

While the News was not permitted to review the exhibits, Baumchen said that, according to the autopsy report, the cause of death was “unexplained infant death.”

“There’s nothing to suggest anything but a natural death for this infant,” he said, remarking, “It’s tragic, but it happens … I’m sympathetic to the Macioroskis, but that doesn’t mean that Ms. Pilcher committed a crime here.”

Both attorneys focused their arguments on the felony negligence charges; and Rasmussen responded, “I do think it’s interesting that neither attorney responded to the misdemeanor charges of operating an unlicensed daycare.”

Mama Shell’s did hold a Registered Family Child Care Home License for the care of 10 children from Sept. 20, 2012, to Sept. 20, 2014, and a Certified Family Child Care Home License with a 16-child capacity from July 22, 2013, until the license was placed on emergency suspension on Nov. 1, 2017.

The Oregonian/OregonLive reported in October that regulators received a complaint in May 2015 “accusing Mama Shell’s of failing to adequately supervise children and improperly punishing kids.” Investigation was made into those allegations, but “‘concerning info’ from the Department of Human Services prompted regulators to immediately suspend Mama Shell’s that November (2016).”

The daycare’s Facebook page, last updated Oct. 9, 2012, shows it operating out of a rented Hood River residence that the business vacated in late November 2017. That house was sold to a new owner in February.

“They ignored that ruling by the judge and opened another daycare,” Rasmussen said.

Regulators apparently rediscovered the daycare operation in January of this year and Debra Jones was cited on Jan. 12 for providing unlicensed childcare to as many as six children “in age from infants to young school-agers” in the Jones’ family home on Jan. 12 following a complaint.

“They knew they shouldn’t have been operating that daycare,” Rasmussen said. “That touches on the core of this case: They should never have had children in their home, a judge said they should never have had children in their home, and this is what happened.”

While Rasmussen requested that the bail be high enough to reflect “the significance of the charges,” both attorneys argued that both defendants are in “true poverty” and bail should be reduced as low as possible so their families can afford it.

Pilcher’s daughter, Kimberly Jones, was called to testify and, when asked by Judge Olson, she said that $500 was all that she could raise for bail. “I have no money and I’m on social security myself,” she said. “I’ve asked people but nobody wants to help.”

Baumchen argued that Pilcher should be released so she can adequately prepare for trial. He pointed out that Pilcher suffers from a myriad of illnesses, including diabetes and fibromyalgia, and that prison life is difficult for her. He added that she has sleep apnea, which is “causing problems for the other inmates because she snores so loud,” he said.

Jones’ attorney said that since he is based in Portland and Jones is being held at Umatilla County Jail — 200 miles away — he has limited contact with his client and the seriousness of the charges require that he and his client have adequate contact. Should Jones be released, he said, she’d live with a friend in the Portland area. “This case is complex,” he said. He added that Jones has no criminal record and that, prior to her incarceration, she was essentially retired and collecting social security.

Jones’ friend, Olive Loveny, was also called to testify and assured Judge Olson that Jones would stay with her if released and that all conditions associated with release would be adequately met.

“I understand that the Macioroski family’s anger and with upmost sympathy to them, I can understand their desire for vengeance,” said Baumchen, but added that Pilcher and Jones are both innocent until proven guilty and bail should not be used to punish them.

As of Friday morning, Pilcher was no longer lodged at NORCOR and Jones was no longer lodged at Umatilla County Jail.

Jones has arrangements to stay with Loveny in the Portland area, while Pilcher will live with her daughter in Washington. Pilcher and her attorney were asked to remain briefly after the hearing to sign paperwork allowing her to stay in Washington until the trial. Pilcher was also instructed to surrender her expired passport.

Both have been ordered to reappear at 9:30 a.m. on Feb. 4 and were instructed that, since they are both released on felony charges, personal appearance is required. A trial date will potentially be scheduled at this next hearing.