Child neglect involving 5-day-old baby; West Bend woman, man accused
GRAFTON, Wis. - A West Bend woman and man are accused of child neglect that led to serious injuries suffered by a 5-day-old baby.
The accused are Janet Solis and Devin Berg – both 24 years old – and they face the following criminal counts:
- Neglecting a child-consequence is great bodily harm (Solis and Berg)
- Misdemeanor bail jumping (Berg)
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According to the criminal complaint, West Bend police were notified on Monday, Nov. 4 that "a five-day-old infant had suffered skull fractures" during an incident at the Aurora Medical Center in Grafton. The complaint says defendant Solis "reportedly overdosed on heroin while in the hospital and (the infant) was found on the floor by a member of nursing staff," the complaint says.
Janet Solis, Devin Berg
A detective investigating this case obtained child protective services reports which showed there were ongoing concerns related to drug use by the co-defendants, Solis and Berg. The complaint says "Solis did not have any prenatal care due to her fear of CPS becoming involved, but admitted to smoking marijuana and using heroin while pregnant. Solis's urine was positive for both marijuana and fentanyl. (The infant) also tested positive for cocaine, fentanyl and THC and was suffering from withdrawal symptoms following his birth."
The complaint goes on to say on Nov. 4, a nurse checked on Solis and the infant around 2 a.m. "The nurse found Solis unconscious and 'unrousable' on the hospital bed. (The infant) was found on the floor underneath the hospital bed next to a bottle. (The infant) was taken to the NICU and ultimately diagnosed with two linear fractures," the complaint says. Court filings also said "these injuries are consistent with a fall from a hospital bed onto a hard tile floor."
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When a detective interviewed Solis, she "stated that she is a daily heroin user and estimates that she uses two-three a day. Solis originally denied that Berg was a heroin user but then later admitted that he also uses daily. Solis stated that Berg is the individual who supplies her with heroin," the complaint says.
Another detective interviewed Berg. Court filings say he "stated that hospital staff asked him about Solis's drug use, and he said he told them that he had no idea Solis was using drugs. Berg stated that he was not at the hospital when (the infant) fell off the bed, but that he knew about it because Solis had called him and said that the nurses were being ridiculous about it," the complaint says. Berg "repeatedly denied using any drugs for the past two years. However, he later admitted that he and Solis were daily heroin users and that he would drive to Milwaukee one or two times per week to buy heroin," the complaint says.
"Just heartbreaking to know that some kids have to deal with this and this is how they are brought up, and they are already going to start their life off being challenged with a lot of things," said Sgt. Sean Fuerstenberg of the Grafton Police Department.
Solis made her initial appearance in Ozaukee County court via video on Nov. 13. Cash bond was set at $25,000.
Berg's initial appearance came on Nov. 15. Cash bond for him was set at $10,000.