MOTHER CONVICTED ON LESSER CHARGE

Author: MATT GRYTA - News Staff Reporter

Jessica Vitale-Elgie on Thursday was found not guilty of criminally negligent homicide but convicted of misdemeanor child endangerment in the death of her 5-year-old son three years ago.

State Supreme Court Justice Joseph S. Forma, who completed a nonjury trial a week ago, stressed the lack of physical evidence and the testimony of Vitale-Elgie's estranged husband in finding her not guilty of the felony charge. It carried a possible four-year prison term.

In convicting her of the misdemeanor, the judge cited the testimony of former Amherst Police Capt. Joseph B. Scioli that Vitale-Elgie belatedly admitted she should have called doctors or 911 when her son became violently ill after ingesting laundry detergent.

Forma allowed Vitale-Elgie, 39, to remain free on $2,500 bail pending her Jan. 8 sentencing.

Vitale-Elgie currently is on a paid leave from her job as a special-education teacher in the Buffalo Public Schools.

She was indicted about 18 months after Casey Elgie died, late on Aug. 31, 2000.

According to evidence and testimony, Casey died about 10 hours after he ingested detergent she had left in a bucket to soak laundry at the family's Amherst home.

She pleaded guilty Dec. 2, but withdrew the plea in March after being told by another judge that she faced a state prison term.

Vitale-Elgie did not testify at the brief trial.

e-mail: mgryta@buffnews.com