An Ohio mother accused of murdering her six-year-old son by running him over with her minivan after he tried to get inside following a failed attempt to abandon him and his siblings in a park is seeking to enter an insanity plea.
The attorney for Brittany Gosney filed a motion on Wednesday to enter a not guilty by reason of insanity plea.
‘Defendant struggles to assist in her defense and counsel has serious concerns regarding defendant’s mental state,’ wrote lawyer David Washington Jr.
The attorney for Brittany Gosney (left), who is accused of murdering her son, James Hutchinson (right), 6, has filed a motion seeking to enter a not guilty by reason of insanity plea
Gosney’s attorney wrote that she struggles to assist in her defense and he has serious concerns regarding her mental state
Washington will seek a court-ordered competency evaluation to determine Gosney’s ability to understand the charges and assist in her own defense, reported Local12.
Gosney, 29, faces charges of murder, corpse abuse, involuntary manslaughter and multiple counts of endangering children, abduction and kidnapping stemming from the death of her six-year-old son, James Hutchinson.
Authorities have said she told investigators that James was killed on February 26 in a park in southern Preble County, where she tried to leave her three children.
The six-year-old attempted to climb back in his mother’s minivan when she drove off. The boy was said to have grabbed onto the minivan’s bumper or door, and ended up being run over and killed.
Gosney returned to the park 30 to 40 minutes later and found James lying in the middle of the parking lot with injuries to his head. She said the child had died.
Gosney then placed his body in her car, drove to the family’s home in Middletown and stored his body in an upstairs bedroom.
Gosney’s boyfriend, James Hamilton, faces charges of abuse of corpse and evidence tampering. The 42-year-old had allegedly pressured her to abandon her children
A tribute to James Hutchinson, 6, is seen in Middletown, Ohio, on March 7
Stuffed animals and candles are seen outside the home in Middletown, where James lived with his mother and siblings before his death
The following day, Gosney and her boyfriend, 42-year-old James Hamilton, who had allegedly pressured her to abandon her children, allegedly took the boy’s body and dumped it in the Ohio River near Lawrenceburg, Indiana.
Divers acting on sonar evidence and signals from a cadaver dog were back in the river on Wednesday to search for the victim’s body, but they did not find him. The search was later halted due to heavy rain.
During her arraignment earlier this month, when she pleaded not guilty to the charges against her, Gosney tearfully complained that she did not understand the legal proceedings because she has a learning disability.
Gosney is due back in court on March 22. She is being held in jail on $2million bond.
Gosney, pictured here with one of her four children, allegedly ran over her son James after a failed attempt to abandon him in a park along with his siblings
Hamilton, 42, was indicted on 15 counts, including corpse abuse, tampering with evidence, endangering children, kidnapping and abduction. He pleaded not guilty and had his bond set at $750,000.
Posts from Gosney’s multiple Facebook accounts indicate that she has four children: two daughters and two sons.
Gosney described herself on social media as ‘Full Time Mommy!’ and regularly shared photos of her smiling children and Hamilton, whom she referred to as her ‘husband’ and her ‘everything.’