Date: Mar. 31, 2017
LOWVILLE, NY (WWNY) – A judge has denied a new trial for the woman convicted in the overdose death of a teenager two years ago.
In addition to the denial, the judge sentenced Brenda Roth to 4 to 12 years in state prison.
Roth was found guilty in January on all four counts against her in the death of 15 year old Derek Holton: second-degree manslaughter; criminally negligent homicide; tampering with evidence, and endangering the welfare of a child.
Roth and her attorneys were in Lewis County Court two weeks ago asking for the conviction to be tossed out in favor of a new trial.
The judge denied that motion Friday morning.
Defense attorney Gary Miles said they would appeal.
Roth was also sentenced Friday to 1 to 3 years on a charge of tampering with evidence. She will serve that sentence at the same time as the longer one.
The boy’s mother, Amber Holton, told the court Friday that Roth is a “poor excuse for a human being” for not calling 911 when the teen overdosed at Roth’s home.
“No amount of money or jail time will ever be enough to make our family complete again,” she said.
“As a grieving mother, it will never be enough.”
Derek Holton was at drug party at Roth’s house in Deer River when he overdosed under Roth’s supervision and she told other kids not to call 911. Derek died overnight.
“I think it warranted five to 15 years, but the judge made his determination and I certainly respect Judge Crandall’s decision,” said Caleb Penzoldt, special prosecutor .
No cameras were allowed in the courtroom, but behind closed doors Roth’s attorney continued to defend her
“His death started earlier on. When you let your 15 year old run around on a weekend all night and you don’t know where he is, then you have to be prepared for the consequences,” said Gary Miles, Roth’s lawyer.
In court, Amber Holton spoke to the room stating everything she said Roth took away from Derek and family.
“Listen to your children, believe in your children, love your children. Never put too much faith and trust in another person, even another parent because we see where that took us,” she said.
There was one change in Roth’s charges. The criminally negligent charge was dismissed by the judge.