Stepmom convicted in death of boy, 10, who was deprived of water

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A Dallas jury will return Tuesday to continue deliberations in the sentencing phase of the trial of Tina Marie Alberson for the dehydration death of her stepson.


Prosecutors want a sentence of life in prison, but the defense wants the jury to sentence her to five years behind bars.

The jury found Alberson guilty Friday of second-degree felony injury to a child for depriving her stepson of water for several days.

Police said Alberson and the boy's father, Michael James, forced the 10-year-old boy, Johnathan James, to go without water for five days as a form of punishment.


The boy died July 25, 2011, after he was found unresponsive in his home in the 5500 block of Elmleaf Court. Due to the hot summer and string of 100-degree days, police said they originally thought the boy's death was heat-related until the medical examiner ruled otherwise.

The boy's parents were then charged with his death.

Prosecutor Carmen White, in closing arguments Friday, described the case as cruel and unusual punishment.

"She had the ability to deny him what he wanted, which was the TV, but what she chose to do is deny him what he needed, his water. We can't deny people the basic necessities of life," White said Friday.

Alberson was charged with first-degree felony injury to a child, for which she could have faced life in prison. The jury convicted her on a lesser charge, second-degree felony injury to a child, which carries a maximum sentence of 20 years.

Alberson may still be sentenced up to life in prison due to a previous conviction. 

The case against the boy's father is scheduled to begin next month.

NBC 5's Ken Kalthoff, Mark Schnyder and Lita Beck contributed to this report.

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Put her in stocks, in public, in the hot Texas sun until she dehydrates and dies. All people passing by can see and maybe learn what harsh punishment should be for crimes like this and maybe think twice before they commit one. That's one of the problems with our court and penal systems. Prison isn't nearly as bad a place as in the past, and people know this, so they have much less fear if doing something that might get them prison time. In prison you get three squares a day and snacks, tv, exercise equipment, good medical and dental treatment and on and on. Hell, even taxpayer gender change operations. Because of liberal attitudes regarding inmates rights, prison has become a joke as far as punishment goes.

  • 2 votes
Reply#26 - Sat Jan 19, 2013 11:56 PM EST

Sew her @@@## shut so she has no chance of ever breeding again, tattoo her sons photo on each face cheek and lock her in a flooded room, for 20 years surrounded by mirrors.

    Reply#27 - Sat Jan 19, 2013 11:57 PM EST

    I believe in the original coverage of the case it was reported she withheld water because he had a bed wetting problem. This isn't a matter of not knowing better, she is just that cruel. Hope she gets the live sentence she is eligable for and takes her husband with her.

      Reply#28 - Sat Jan 19, 2013 11:58 PM EST

      Sounds like premeditation to me. She would have to prove that she was completely ignorant of the fact that water deprivation would ultimately lead to death. It's not exactly an "accident" when you intentionally engage in an act in which the consequences are universally known and guaranteed to occur.

      • 2 votes
      Reply#29 - Sat Jan 19, 2013 11:59 PM EST

      Put her (and the Dad-Guy) in a lone cell with a very big poster of a waterfall/river and ....... no water to drink ...... ever ....... no matter how much they plead. Done !!!

      • 1 vote
      Reply#30 - Sun Jan 20, 2013 12:02 AM EST

      How the hell is she only charged with some b.s. about "injury to a child" She did not injur the child she killed him. Hang this sk.ank and her husband to for allowing it to happen.

      • 3 votes
      Reply#31 - Sun Jan 20, 2013 12:03 AM EST

      Any charge less than 2nd degree murder is a f$%@ing joke! It sickens me that people like this even exist in the world, let alone have children.

      • 2 votes
      Reply#32 - Sun Jan 20, 2013 12:04 AM EST

      How could they just find her guilty of 2nd degree??? That child suffered for days he was tortured by that fat piece of crap the tax payers now have to take care of. That is a painful death I am besides bereft for that child and god knows how his mother and his twin are coping. She doesn't deserve to be fed or housed. She murdered that child period and I don't believe ppl who murder think about it while they get 3squares a day and attend free classes. It doesn't work that way she'll sit and bemoan her fate and the fact that she's in prison not the fact that she tortured that child. It is a common misconception that ppl in prison think about their victims. They think about how bad it is for them. I pray that dad gets a harsher sentence for letting that piece of crap near his kid much less do the horrible things she did to him. Stand her outside in the hottest area in Texas without food or water but make sure its within eye sight. God bless that child and I hope he's at peace and she is so lucky I'm not the mom. Unbelievable sentence just horrid.

      • 1 vote
      Reply#33 - Sun Jan 20, 2013 12:07 AM EST

      I know many believe a man should NOT hit a woman.... But this fat blob including her husband both need their azzes whooped....

      Whoop both their azzes in Public view, then Life in Prison or Death....

        Reply#34 - Sun Jan 20, 2013 12:12 AM EST

        Very sad story. That poor boy must have been going through hell dying like that.

        • 1 vote
        Reply#35 - Sun Jan 20, 2013 12:14 AM EST

        ...even if Chinny Chinerson ends up receiving a lengthy term, she will be dead in less than 12 months. i would bet a significant amount of money that I am correct

        • 1 vote
        Reply#36 - Sun Jan 20, 2013 12:16 AM EST

        Unless there is some uncoerced admission, or some written or other evidence from the child, I would lean toward the 5 years. Regardless of this terrible tragedy, I doubt the father and step mother intended to kill the child. But I'd have to review the evidence.

          Reply#37 - Sun Jan 20, 2013 12:18 AM EST

          @Thomas Youngblood - When this story initially surfaced, I thought the same thing. (The mere stupidity of not knowing water is essential to life).

          But then another article I read, told about other punishment this child received and how he begged not to have to go home, and how his half brother (the biological son of this woman), didn't understand why this child was always punished, etc, etc, etc.

          I know it's what can be proved, but someone needs to start using their head, in this case. A child is dead, and quite frankly, children dying at the hands and stupidity of adults, needs to change in this country.

          Child abuse offenses need much harsher penalties. Purposeful child murders, should require death penalty!

          • 2 votes
          #37.1 - Sun Jan 20, 2013 12:58 AM EST
          Reply

          this is so scary...I read a book once..I think it was called...thing....it was about a mother of about maybe 3 kids and how she treated these kids...she was crazy....and finallly she died...thank God...but in that book it was unreal and it was the writer who was the one who had suffered these things...I knew a woman once in england...who had a son and she didnt seem that bad..but for punishment she would not feed the boy....the kid was obnoxious and would come over bugging us...but I have to say..I dont believe in punishing people by not feeding them..esp growing young children as this child was about 7 or 8 yrs old...If I had had half a brain I would have loaded him up with food...its wrong...and this woman needs life in prison...she isnt crazy and in hot weather...what was she thinking..OH I know....this boy wasnt hers..it was a step child and I feel she had ulteriour motives and wanted to get rid of him and did so...in this case she needs life or to be executed....and I agree in the above comment...do unto others as you would have them do unto you...or do to you what was done to someone else...she needs to be put in jail and then denied water till she passes away....dead as a door nail....how evil...she needs to be spayed so she can never be around any kids ever ..in case she gets out...and the father..he needs to be hanged...that poor little boy...how sick people are....

          • 1 vote
          Reply#38 - Sun Jan 20, 2013 12:19 AM EST

          Please understand that here in Texas, the charge of 'injury to a child' carries all of the same potential penalties as first degree murder. It is somewhat easier to get a quick grand jury indictment on this "seemingly" less serious charge. What is not mentioned in the article is the fact that the poor kid's twin brother tried on more that one occasion to succor his sibling,but was forcibly prevented doing so by the STEPMOTHER, and thus was forced to watch him die. I have a huge fricking problem with the family court judge who MANDATED that the twins must spend 1 month at a time with the disabled, wheelchair bound father and the Pig-Witch from Hell. This after both of the brothers stated their fear of her, in court.

          • 3 votes
          Reply#39 - Sun Jan 20, 2013 12:19 AM EST

          Texas justice will take care of the father and stepmother. Any judge worth his or her salt would be scared of the blow-back of a light sentence for these 2 "parents". A child is a precious thing so let us think good thoughts for the boy, do a kindness in his name and most of all let the names of the father and stepmother never be spoken again after sentencing. They are worth no spoken memory. Let the the boy, Jonathan James, be remembered and honored. He was a child of us all.

            Reply#40 - Sun Jan 20, 2013 12:22 AM EST

            Texas justice you say? Then I guess you have not read the absolute horrifying rape, torture and murder of infant Brianna and the lack of justice that was rendered in her case in the State of Texas.

            As for you Beta23: You are insane to even make a ridiculous comment that there is not enough information to make a judgement. How about: This boy forced to stand on a X marked spot on the kitchen floor in front of a window where the temp was 100 degrees outside. No air conditioning and he died on July 25 and most likely attended traditional school as opposed to year round so stop your nonsense that he could have gotten water from school or other sources. Step-mom controlled this young boy! As for water in food, how about you eating peanut butter sandwiches for several days without water, stand in front of a window where the sun is beating down on you, and the temp is 100 degrees, and see what happens to your system. The evidence was: NO urine found in bladder, multiple organ failure, blood poisoning, cardiac arrest and muscle breakdown caused from dehydration. Why are you even questioning the evidence? This isn't enough for you? Something else caused all of the above? How ignorant to state not enough evidence! Death caused by dehydration is a mystery to you?

            As far as the jury- they ruled that the step-mom recklessly caused serious bodily injury as opposed to knowingly causing the injuries. Something is and has been dreadfully wrong in our system when babies and children do not get due justice and lay claim that in this situation she did not know. She was *just reckless.* BS. To die of dehydration is suffering beyond our imagination. IMO it was torture. As in the Baby Brianna case and thousands of others, no true justice prevails for the most vulnerable and innocent in our society. All I can say is rest in the protective arms of angels now- sweet little boy.

            • 1 vote
            #40.1 - Sun Jan 20, 2013 6:28 AM EST
            Reply

            OMG!!! what is this person thinking? 10 precious years of child's life waisted by another un-human beings. Why can his dad protect his child? No wonder why children nowaday have seen too many monster thru their eyes. it is sad that his dad did not have that ability to recognize this. By all mean, take TV time away from a child but never deny any water intake from him. it reminds me one of the articles several months ago from the news. One of the twin was denied water from a parent and this boy also did not make it after several days without water. Just another monster masked by a human beings. I am so sorry to come across this.

            • 1 vote
            Reply#41 - Sun Jan 20, 2013 12:25 AM EST

            It might have been the dad's idea not to give him water. That way, Dad could still watch television and not worry about if the kid is watching, too.

              #41.1 - Sun Jan 20, 2013 12:44 AM EST
              Reply

              I have no problem in letting the women of the prison, who will room with this bitch, what she is in for and how she deliberately killed this child, and let the women of the prison dole out the punishment we are not allowed. These people in prison may have wronged,but they know not to hurt a child and DON'T like anyone that does or did, either.

              • 1 vote
              Reply#42 - Sun Jan 20, 2013 12:26 AM EST

              A number of women are in prison because they tortured or killed their kids or stood by while someone else tortured and killed their kids. Her cellmate will probably be one of the unholy sorority.

              • 2 votes
              #42.1 - Sun Jan 20, 2013 12:42 AM EST
              Reply

              Sad that the children in this country are not worth much anymore. Treat them any way you like and nothing is done about it. Abuse, neglect, forgetting kids in hot cars, dumping your babies dead body in the woods. And yet, those who commit these cruel acts don't have to pay for what they did. Something is bad wrong here. Whatever happened to protecting our children?

              • 1 vote
              Reply#43 - Sun Jan 20, 2013 12:27 AM EST

              Absolutely agree with you lacy.

                #43.1 - Sun Jan 20, 2013 6:31 AM EST
                Reply

                these stories draw me in , then i just get sick. wish i could hug my grandkids right now.

                • 1 vote
                Reply#44 - Sun Jan 20, 2013 12:28 AM EST

                Low life trailer trash on display. Take her out, tie her to a tree and put a glass of water just out of reach for about 4 days. She doesn't need food, just look at her.

                • 3 votes
                Reply#45 - Sun Jan 20, 2013 12:32 AM EST

                What was the previous conviction?

                  Reply#46 - Sun Jan 20, 2013 12:36 AM EST

                  Aggravated assault with a deadly weapon.

                    #46.1 - Sun Jan 20, 2013 7:03 AM EST
                    Reply

                    Since, fixing stupid seems impossible these days, I vote the Father and wicked step Mother get the needle!

                    C'mon Texas, this ones a "no brain-er"!

                    • 1 vote
                    Reply#47 - Sun Jan 20, 2013 12:38 AM EST

                    I hope that when her husband, the boy's father, comes up for trial that it gets the same attention on msnbc. It seems like only one parent's trial gets posted, and not the other's.

                    • 1 vote
                    Reply#48 - Sun Jan 20, 2013 12:40 AM EST

                    Yes, by all means sentence her to five years....without water!!!

                      Reply#49 - Sun Jan 20, 2013 12:41 AM EST

                      This ugly woman looked like she had too much to eat and drink. Let's jail her and not give her food or water. Let's see if she squealed like a pig. What an ugly person. Inside Out.

                        Reply#50 - Sun Jan 20, 2013 12:45 AM EST
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