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Mother Of Baby Justice Charged With Involuntary Manslaughter

WOODLAND (CBS13) – The Yolo County District Attorney has lessened the charge against Samantha Green from murder to involuntary manslaughter for the death of her infant.

The criminal complaint against Green was released by the DA's office early Wednesday afternoon, before her scheduled court appearance.

According to the complaint, she is also facing charges of abuse or endangering the health of a child in connection to the death of her infant Justice Rees.

Justice's father Frank Rees is also scheduled to appear in court Wednesday, but on charges unrelated to the infant's death.

Justice was found dead in a slough just outside of Knights Landing back on Feb. 25. Authorities have not officially determined what caused Justice's death, but noted that no obvious signs of trauma were found.

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COMPLAINT AGAINST SAMANTHA GREEN FROM YOLO COUNTY DISTRICT ATTORNEY'S OFFICE

I, the undersigned, say, on information and belief, that in the County of Yolo, State of California:

Count 1: On or about February 24, 2015, SAMANTHA LEE GREEN did commit a FELONY, namely, a violation of Section 192(b) of the California Penal Code, INVOLUNTARY MANSLAUGHTER, in that SAMANTHA LEE GREEN did willfully and unlawfully kill a human beingm, to wit, J.R. date of birth February 5, 2015, without malice, in the commission of an unlawful act, not amounting to a felony, and in the commission of a lawful act, which might produce death, in an unlawful manner, or without due caution and circumspection.

Count 2: On or about February 24, 2015, SAMANTHA LEE GREEN did commit a FELONY, namely, a violation of Section 273(a) of the California Penal Code, ABUSING OR ENDANGERING THE HEALTH OF A CHILD, in that SAMANTHA LEE GREEN did willfully and unlawfully, under circumstances and conditions likely to produce great bodily harm and death, cause and permit a child to suffer, and SAMANTHA LEE GREEN did inflict thereon unjustifiable physical pain and mental suffering, and having the care or custody of the said child SAMANTHA LEE GREEN did willfully cause and permit the person and health of said child to be injured, and SAMANTHA LEE GREEN did willfully cause and permit said child to be placed in such a situation that the child's person and health was endangered.

Count Enhancement 2a: It is further alleged that during the commission of the felony charged above SAMANTHA LEE GREEN did willfully, unlawfully, and personally inflict great bodily injury upon a child under the age of five years in the commission of a felony, within the meaning of Section 12022.7(d) of the California Penal Code, INFLICTION OF GREAT BODILY INJURY UPON A CHILD UNDER FIVE YEARS OF AGE DURING THE COMMISSION OF A FELONY.

I declare until penalty of perjury that the foregoing is correct.

Executed on March 4, 2015, at Woodland California.

Robert A. Gorman 176092

Supervising Deputy District Attorney

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Excerpts of law charges are drawn from:

Section 192(b) of the California Penal Code, INVOLUNTARY MANSLAUGHTER

Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(b) Involuntary--in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

Section 273(a) of the California Penal Code, ABUSING OR ENDANGERING THE HEALTH OF A CHILD

(a) It is a misdemeanor for any person or agency to pay, offer to pay, or to receive money or anything of value for the placement for adoption or for the consent to an adoption of a child. This subdivision shall not apply to any fee paid for adoption services provided by the State Department of Social Services, a licensed adoption agency, adoption services providers, as defined in Section 8502 of the Family Code, or an attorney providing adoption legal services.

Section 12022.7(d) of the California Penal Code, INFLICTION OF GREAT BODILY INJURY UPON A CHILD UNDER FIVE YEARS OF AGE DURING THE COMMISSION OF A FELONY

(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or sixyears.

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