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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How is this justice? To punish the legal guardians and not the faith guardians?

The way the step mother and father treats their child is inline with religious practice. Catholic priests find no fault in their daily routines to convert wealthy individuals to the catholic order and make them go to church by deny them access to money manage by the catholic Pope and his gang of priests in the business world. Without money these individuals and their family have no way to buy groceries to eat, until the catholic Pope forgives them. These are leadership conducts under the catholic religion.

    Reply#272 - Sun Jan 20, 2013 4:59 PM EST

    I don't think you would be deemed mentally competent to own a gun.

    • 1 vote
    #272.1 - Sun Jan 20, 2013 9:38 PM EST

    The faith guardians weren't the ones who deprived the child of water so they are blameless. His legal guardians did that.

    • 1 vote
    #272.2 - Mon Jan 21, 2013 1:22 AM EST

    You, sir, should not be trusted around children. The church had nothing to do with this crime, and your comment shows something of a mental defect.

      #272.3 - Mon Jan 21, 2013 12:39 PM EST

      tiredofthelunacy: guns can't kill people without bullets meanwhile catholics no need gun to kill people.

      jmcinvale: that's legal jargon in scope of USA law, what about vatican laws? the catholic pope and his gang of priest operate under vatican law in USA therefore they behave above the USA law in USA. That-a-how they get-away-with it.

      Orthehighway: You sir or madam, have high values to judge others but not yourself. Going to church everyday is not going to change that one bit. I hold you to your higher values and higher mental defect. oui oui.

        #272.4 - Tue Jan 22, 2013 4:20 AM EST
        Reply

        awful! what she did was a form of torture, and that should play a major part in her sentence. how did the jury not give her 1st degree??? im unsure how you even make a defense of such a thing.

          Reply#273 - Sun Jan 20, 2013 5:29 PM EST

          where do these people come from? after having it blow up in their face, "oh we didn't mean it" the truth is your the adult you should have known better!!!!

            Reply#274 - Sun Jan 20, 2013 5:34 PM EST

            Looks like this fat, ugly pig didn't deprive HERSELF of anything, judging by her fat size. Bet she'll lose some weight on the prison food she'll be eating. Disgusting obese slob.

            • 1 vote
            Reply#275 - Sun Jan 20, 2013 5:46 PM EST

            They both need to swing...

            • 1 vote
            Reply#277 - Sun Jan 20, 2013 5:58 PM EST

            We over-complicate sentencing these days. Hang them both, end of story. Or water board them for days, then hang them.

            • 1 vote
            Reply#278 - Sun Jan 20, 2013 6:05 PM EST

            Drop the fat bitch out in the middle of the Sahara Desert.

            Justice served.

            • 1 vote
            Reply#279 - Sun Jan 20, 2013 7:04 PM EST

            She'd probably find a way to get Twinkies, Dove Bars, and Coca Cola, while simultaneously consuming every thing that grows or moves in a five hundred mile radius.

              #279.1 - Mon Jan 21, 2013 7:56 AM EST
              Reply

              Why is it that just about every time you see something like this the person is fat.

                Reply#280 - Sun Jan 20, 2013 7:44 PM EST

                Leave the fat comments out of it. It's just a symptom of the fact that this person hates herself. That's shy she despised the boy and took her anger out on him. She obviously hates herself.

                  #280.1 - Mon Jan 21, 2013 12:41 PM EST
                  Reply

                  They both deserve life in prison with just one glass of water per day.

                    Reply#281 - Sun Jan 20, 2013 8:30 PM EST

                    One glass would be to generous. Remember their son got NO water till he died. I say give them just enough water once a day that they can taste it which would maybe a drop or two.

                      #281.1 - Mon Jan 21, 2013 1:18 AM EST
                      Reply

                      Put her behind the walls of a prison without water for as long as it takes for her to drop dead, that poor, poor child. This woman is not human!

                        Reply#282 - Sun Jan 20, 2013 9:02 PM EST

                        It doesn't surprise me that this woman and her husband are both registered Democrats.

                        • 1 vote
                        Reply#283 - Sun Jan 20, 2013 9:31 PM EST

                        Ah, Texas. Just one big old tragedy.

                          Reply#284 - Sun Jan 20, 2013 9:54 PM EST

                          There are some things that are inexcusable, and knowingly harming a child is one of them.

                            Reply#285 - Sun Jan 20, 2013 10:44 PM EST

                            Someone should deprive food to that fat cow.

                              Reply#286 - Mon Jan 21, 2013 12:41 AM EST

                              If those two sick people get anything other than the death sentence they will have gotten off too easy.

                              I feel they should be deprived of water like they did to their son.

                                Reply#287 - Mon Jan 21, 2013 1:16 AM EST

                                This is murder. This child at some point would have exhibited major problems. Maternal or paternal instincts of even mentally retarded parents would have kicked in at some point unless killing the child was the goal. This is also torture. Shooting the child would have been more humane. A life sentence or the death penalty is the appropriate punishment.

                                  Reply#288 - Mon Jan 21, 2013 2:12 AM EST

                                  Life is too good for her. death would be the better sentence. what about hte low life father? He nares as much guilt as she does.

                                    Reply#289 - Mon Jan 21, 2013 2:24 AM EST

                                    "Nares"? WTF?

                                      #289.1 - Mon Jan 21, 2013 7:57 AM EST
                                      Reply

                                      @ Beta23, You wrote, "My question is why did the boy not seek out water at school." If you look at the date the boy was found, you will see that it was in July, during summer break.

                                        Reply#290 - Mon Jan 21, 2013 8:00 AM EST

                                        Do we really need this fat slob?

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

                                        What kind of low life is this? I say execute the bi#ch and be done with it;.

                                          Reply#291 - Mon Jan 21, 2013 8:51 AM EST

                                          So, it was summer, can't really get water at a friend's, school, etc.,, but I don't see how he wouldn't get some from the bathroom/kitchen sink, or (before use obviously), even the toilet, it's the same water as the tap.

                                          When I was in middle school the folks in charge said if I didn't eat my tomato soup for dinner I couldn't eat ANYTHING until I ate that. 3 days, but guess what? I got food at school from friends, or made cereal in the morning when nobody was around. Kids are sneaky. So what happened with this one?

                                            Reply#292 - Mon Jan 21, 2013 8:55 AM EST

                                            He was not allowed to get any water from the sink. He was forced to stand in that one spot and not move. I assume they watched him constantly; maybe took turns being in the same room or threatened him so much that he was scared to move or try to get water. He was just a child and was probably petrified of her. I just can't imagine his father not trying to help him or just telling her he was going to give HIS son some water. I can see her not caring about this child one bit, but I can't understand his father letting this happen to his son. I really think a crime like this should get the death penalty. I mean, she deliberately kept this child from getting food and water so; in reality, she murdered him. I cannot understand why a judge or jury would see it as anything else but murder.

                                              #292.1 - Thu Jan 24, 2013 4:10 PM EST
                                              Reply

                                              her belly looks so soft and squishy. so does her neck. omgggggg sooooo

                                                Reply#293 - Mon Jan 21, 2013 9:05 AM EST

                                                Whatever sentence she gets, she should not be allowed any time off for good behavior. She didn't give any leniency to that child. What did he do that he deserved no water for a week in 100 degree weather? 15 years without parole or time off for good behavior. That would be justice. 15 full years to think about it every day. How could the father have let that beast do that to his son?

                                                  Reply#294 - Mon Jan 21, 2013 12:37 PM EST

                                                  I hope she & her terrible husband rot & get tortured in HELL!! WTF is going on within this country?!? I cannot deal with the stories I continue to hear of people murdering our children. I am beyond disgusted with those selfish folk that are simply cruel to children. They were NEVER asked to be born, so why torture them>? It is a sick world we live in, and I fear for the upcoming next generation....The children that come from the "single mommas" who have shoved off their paental responsibilities to their family members...President Obama, please look into taking care of the children in our OWN COUNTRY before defending those of others? I beg you. Please.

                                                  • 1 vote
                                                  Reply#295 - Mon Jan 21, 2013 9:09 PM EST

                                                  Hang her by her nipples and feed her vinegar; like the Romans did to Jesus.

                                                    Reply#296 - Tue Jan 22, 2013 9:54 AM EST

                                                    Yeah give her a dixie cup full of water per day, let her suffer. This is a very sad story, that poor child must of suffered.

                                                    I think of her in prison for life for this but yet still Casey Anthony is skippin free down the street for what she did.

                                                      Reply#297 - Tue Jan 22, 2013 9:58 AM EST
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