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Virginia mom charged in 4-year-old son's overdose death won't face a jury, takes plea deal

Dorothy Clements accepted a plea deal after her 4- year-old son died from eating more than a dozen Delta 8 THC edibles. She'll spend 10 years in jail.

SPOTSYLVANIA COURTHOUSE, Va. — A Spotsylvania County mother was sentenced to 10 years in prison for her role in her 4-year-old son's overdose death after he ate THC edible gummies. 

Dorothy Clements' original charge of felony murder was amended to involuntary manslaughter, according to the Spotsylvania County Circuit Court clerk's office. She was sentenced to 10 years prison, with 5 years suspended. Clements' original charge of felony child neglect remains. She was also sentenced to 10 years prison for that criminal charge, with 5 years suspended. 

Clements' acceptance of a plea deal will result in a total of 10 years in Virginia state prison according to the clerk's office. Once released, she will need to exhibit "good behavior" as part of probation for 20 years.

Prosecutors alleged Clements was solely responsible for the death of her son, Tanner Clements. Prosecutors say Tanner ate up to 15 Delta-8 THC gummies; the dosage and brand has not been revealed. 

Police report finding a jar that Clements allegedly bought May 6, 2022, the same day her son ate the gummies. Clements has admitted to eating five gummies. The jar was empty when police found it, according to prosecutors, leading them to believe Tanner ate the rest. 

Delta-8 THC gummies contain a compound, similar to marijuana, that can get you high. Doctors report finding an "extremely high" amount of THC in Tanner's system after his death. 

After her son's death in May, Clements talked to WUSA9 over the phone saying she thought she had bought harmless CBD gummies from a Fredericksburg store. She said had no idea the gummies she bought actually contained THC. 

In that interview she told WUSA9, unbeknownst to her, Tanner ate one or two gummies. When he started showing difficulty breathing, she said she called poison control.

Prosecutors allege Clements lied about the call to poison control and the number of gummies. But the child's mother and her attorney say other medical factors-- including a heart problem and obesity -- contributed to Tanner's death and that she is not solely responsible. 

County prosecutors responded that Tanner's 116-pound weight at age four and lack of pediatrician visits in two years was a sign of child neglect. Clements' attorney countered that she did not have primary custody of Tanner at the time of his death.

In drug tests after her son's death, Clements tested positive for multiple substances, according to prosecutors, and she admitted to "relapsing after the tragedy of her son's death."

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