BEAUFORT (AP) — The South Carolina Supreme Court has overturned the conviction of a Beaufort woman serving 35 years for homicide by child abuse.
The Beaufort Gazette reported that the justices ruled prosecutors had failed to show that Paris Avery acted with extreme indifference in the death of her 15-month-old son, Ra’Saan Avery Young.
A Beaufort County jury convicted Avery in 2008 of giving the child too much prescription Atarax, an oral antihistamine used to relieve itching from eczema.
Showing extreme indifference to human life is required to convict on homicide by child abuse.
Beaufort County public defender Gene Hood had asked during the original case for a retrial, saying the prosecution had not shown extreme indifference to life. The trial judge denied the request at the time.