GUILTY LA - Levi Cole Ellerbe, 6 mos, kidnapped, burned to death, Natchitoches, 17 Jul 2018 *arrests*

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Tuesday, Oct. 23rd:
*First Appearance Hearing (@ ET) – LA – Levi Cole Ellerbe (6 mos) (July 17, 2018, Natchitoches; died July 18, 2018; kidnapped & burned to death) – only for *Felicia Marie-Nicole Smith (25) arrested & charged (7/21/18) & indicted (8/30/18) with 1 count of 1st degree murder & charged (7/28/28) with criminal conspiracy. Held without bond. DA will seek DP.
7/25/18 Update: Additional charges are expected for Smith.
7/28/18 Update: DA charges Smith with criminal conspiracy. No new dates available.
10/16/18 Update: First appearance scheduled for 10/23.
*Hanna Nicole Barker (22) “mom” arrested & charged (7/28/18) with principle to first-degree murder, meaning “actual perpetrator of the crime” & 1 count of criminal conspiracy. Held without bond. DA will seek DP.
72 hour court hearing, could be 7/27/18; moved to Monday, 7/30.
7/28/18 Update: DA charges Barker with criminal conspiracy.
9/20/18 Update: Motions hearing set for 9/21. One motion is to set bond.
9/21/18 Update: Judge finds probable cause to charge Barker with murder & held without bond. Hearing re revocation of Barker’s probation scheduled hearing on 10/10.
10/10/18 Update: Her probation has been revoked. Has not been indicted or arraigned on any murder charges yet. No further dates available as of 10/13.
10/16/18 Update: Next hearing on 10/22 re probation revocation hearing.
10/22/18 Update: No update yet.
 
All of you blaming the family for "letting that baby stay in his mother's care" need to check yourselves and familiarize yourselves with LA state family law. It is next to IM-EFFING-POSSIBLE to be the family member of a child and have that child's parental rights taken away, even if it would benefit the child in every way form and fashion. I know by experience. THE SYSTEM let this baby stay in the care of his mother, not the family. THE SYSTEM had every opportunity and all of the power to remove him from her care and place him elsewhere. The family's hands were likely tied and the family was likely told "Until she does something to harm him physically, there are no grounds to remove her parental rights immediately, even if on an emergency basis" just like I was told. Unfortunately, in this state, unless she is willing to sign her rights over, is convicted of a violent crime, or is actively locked up for longer than 6 months, there is nothing the family could have legally done in this case. Stop blaming them.
 
ThatBlueMermaid said:
All of you blaming the family for "letting that baby stay in his mother's care" need to check yourselves and familiarize yourselves with LA state family law. It is next to IM-EFFING-POSSIBLE to be the family member of a child and have that child's parental rights taken away, even if it would benefit the child in every way form and fashion. I know by experience. THE SYSTEM let this baby stay in the care of his mother, not the family. THE SYSTEM had every opportunity and all of the power to remove him from her care and place him elsewhere. The family's hands were likely tied and the family was likely told "Until she does something to harm him physically, there are no grounds to remove her parental rights immediately, even if on an emergency basis" just like I was told. Unfortunately, in this state, unless she is willing to sign her rights over, is convicted of a violent crime, or is actively locked up for longer than 6 months, there is nothing the family could have legally done in this case. Stop blaming them.
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<modsnip - not victim friendly>

A six month old baby was murdered in one of the worst human depraved way possible allegedly by a method of the mother’s own choosing. She didn’t want him. And she would have jumped at the chanc yo be paid for him.

There is NO EXCUSE for this child to have been burned nearly to death only to live a horrible final few hours. No excuse at all.
 
Last edited by a moderator:
Charliegizmo49 said:
There is NO EXCUSE for this child to have been burned nearly to death only to live a horrible final few hours. No excuse at all.
Click to expand...

No where, at all, did I ever, EVER, say that there was ANY excuse for it. Period. What I said was that the grandparents of this child were likely rendered helpless by the system. They have NO BLAME in this. The only ones to blame here are the two who plotted and killed him.

<modsnip - quoted post and reference to it have been removed>

There is no evidence she disclosed this to others, except for her accomplice. There is no evidence she abused him prior to this. There is no evidence she neglected his needs prior to this. There is nothing at all except for her drug charges. I'm sure it doesn't see like that to us regulars of this site, but it is VERY rare for addicts to kill their children. There are addicts across the nation that don't kill their babies, especially in this fashion.

I'm sure that looking at this from a very emotional standpoint (because it's hard not to) will give even the most rational person fantasies of what they would have or could have done if they were in the shoes of the grandparents. But bottom line, unless DCFS deemed it necessary to relocate the child, their HANDS WERE TIED. There is nothing LEGALLY they could have done without putting up TENS OF THOUSANDS OF DOLLARS. I know from experience what the costs of terminating a person's parental rights are and I actually had legal GROUNDS to do so. By all accounts I've read, Hannah's family didn't. It also seems like they didn't have the funds to do so even if they had the grounds.

<modsnip - personalizing, discussing other posters>
 
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So - can anyone here get into:
for Barker, Hanna Nicole - Natchitoches Parish Detention Center/Caddo Parish 10th Judicial District Court-Judge Desieree Dyess (last time).
edited to add: last court hearing Probation Revocation hearing on 10/22.

for Smith, Felicia Marie-Nicole - Natchitoches Parish Dentention Center/Richland Parish.
edited to add: last court hearing-first appearance on 10/23.

TIA! It would be very much appreciated for the next court dates for these two *#&%^#!! !!! :)
 
In July the Grand Jury “pretermitted” Barker's charges, meaning it wanted more evidence before delivering any indictment. Apparently they got sufficient evidence yesterday since they indicted her for murder. The first time around Barker's lawyer argued that they only had Smith's word that Barker asked Smith to kill Levi so something has changed.

Unfortunately the case has a gag order so we won't see what new evidence the prosecution presented until it's lifted. Hopefully that will happen soon.

Natchitoches mom indicted on 1st Degree Murder in death of her baby
Mother of Levi Ellerbe, baby burned to death, indicted
 
Monday, Dec. 3rd:
*Hearing (Revocation of Probation Charges) (@ ET) – LA – Levi Cole Ellerbe (6 mos) (July 17, 2018, Natchitoches; died July 18, 2018; kidnapped & burned to death) – only for *Hanna Nicole Barker (22) “mom” arrested & charged (7/28/18) with principle to first-degree murder, meaning “actual perpetrator of the crime” & 1 count of criminal conspiracy. Indicted (11/8/18) with 1st degree murder. Held without bond. DA will seek DP.
9/20/18 Update: Motions hearing set for 9/21. One motion is to set bond. 9/21/18: Judge finds probable cause to charge Barker with murder & held without bond. Hearing re revocation of Barker’s probation scheduled hearing on 10/10. 10/10/18: Her probation has been revoked. Next hearing on 10/22 re probation revocation hearing. No info on what happened.
11/8/18 Update: Indicted by Grand Jury with 1st degree murder. No date for murder charges. Next hearing for revocation of probation on 12/3.
*Felicia Marie-Nicole Smith (25) arrested & charged (7/21/18) & indicted (8/30/18) with 1 count of 1st degree murder & charged (7/28/28) with criminal conspiracy. Held without bond. DA will seek DP.
7/25/18 Update: Additional charges are expected for Smith. 7/28/18: DA charges Smith with criminal conspiracy.
10/16/18 Update: First appearance scheduled for 10/23. No update as of 11/9.

 
Hanna Barker entered a not guilty plea in Natchitoches Parish District Court. A court date is set for January 2020.

A trial date has not been set for Felicia Smith who is still without an attorney. A hearing last month to appoint counsel was unsuccessful. Another is set for 1 p.m. Dec. 20.

Natchitoches mom pleads not guilty to infant son's death
 
and another article (that I could access) :)

During Monday's hearing, probation officer Joe Black testified about how Barker violated the probation she'd been granted after she had pleaded guilty to charges of possession of meth and possession of drug paraphernalia.

Barker was sentenced to five years in prison Monday after her probation on 2016 drug charges was revoked.

Judge Dyess set an initial motion hearing for Feb. 25, 2019.

link: Trial for mother accused in burning death of infant son set for 2020
 
I will stick to this until the day I stop being a grandmother.

If my son or daughter had the drug and lifestyle issues evident on social media, arrests, probations, jail and etc. nothing would have stopped me from walking into that trailer and keeping that child safe. That is me, all of us are different. None of the family should be judged for anything.

My home was a safe haven for many kids over the years. The local Pd knew it because there wasn’t always time to go to court. Those kids always went into the system as fast as possible but for the time it took to get there each was safe, fed, clothed and truly cared for.

And it can be done. The same as taking or rescuing starving horses as I did as part of a group. for 30 years. Many times never knowing where they came from and often without legal sanction.

This is my opinion. And it is not victim shaming. I have a good knowledge of the law. And each of us will never really know what might have stopped this senseless murder. Maybe nothing. And if not this time there would have been another.

If anything failed this baby it was the State of Louisiana and the very poor judgement they used when allowing him to live in those conditions.

My heart goes out to this family. Maybe they didn’t know how to work within the system, perhaps they didn’t have resources to go to court to get him.

I hope the law is changed and I hope the state employees who ignored the signs they are trained to see are held accountable.

But there is a family in both sides of the mother and father who are in the kind of pain I hope never to feel. And my heart goes out to them. They had nothing to do with the choices these two women made to end this child’s life. It is not their fault.


The choices have resulted in heartbreak for so many and nothing can make it right. I don’t think any of us can understand what kind of process it takes to kill a human being.

But I hope each family member can learn to cope with what these women allegedly did. I hope they are supporting each other and getting all the counseling possible.

As always if I post here it’s just one persons opinion.
 
sloane7777 said:
this is one I will never understand , she had people ready and willing to take him.
Click to expand...

It didn’t matter. Drugs had addled her thinking and love and lust had taken the rest of her brain. She had violated parbation and in her social media her physical appearance obviously reflected very strong evidence of a deadly relapse. In addition there were links to very foul degrading comments and words I haven’t ever thought to speak. The signs were all there.

But no one could have the foresight to even think what she and her partner had planned. It’s to evil and with such a horrific disregard for human life we can’t make sense of any of it. Death penalty yes. She doesn’t deserve to finish a life she could allow for a helpless baby b
 
MsMarple said:
In July the Grand Jury “pretermitted” Barker's charges, meaning it wanted more evidence before delivering any indictment. Apparently they got sufficient evidence yesterday since they indicted her for murder. The first time around Barker's lawyer argued that they only had Smith's word that Barker asked Smith to kill Levi so something has changed.
Click to expand...

This is interesting.... wasn't there something about video or recordings that Smith had on her phone?
 
ThatBlueMermaid said:
This is interesting.... wasn't there something about video or recordings that Smith had on her phone?
Click to expand...
Early on Smith claimed she had video, phone recordings and text messages implicating Barker.

But the more recent article says there are no text messages or telephone records between the two women talking about a plan, and no fingerprints, DNA or other evidence to support Smith’s claims.

However, there's still a gag order in place and Smith didn't have an attorney as of December 4 so we may learn more as time goes on. The next hearing is December 20.
Baby found on fire, mother held in jail without bond
Natchitoches mom pleads not guilty to infant son's death
 
Thursday, Dec. 20th:
*First Appearance Hearing (@ ET) – LA – Levi Cole Ellerbe (6 mos) (July 17, 2018, Natchitoches; died July 18, 2018; kidnapped & burned to death) – only for *Felicia Marie-Nicole Smith (25) arrested & charged (7/21/18) & indicted (8/30/18) with 1 count of 1st degree murder & charged (7/28/28) with criminal conspiracy. Held without bond. DA will seek DP.
7/25/18 Update: Additional charges are expected for Smith. 7/28/18: DA charges Smith with criminal conspiracy. No new dates available. 10/16/18: First appearance scheduled for 10/23.
10/23/18 Update: Next hearing on 12/20.
*Hanna Nicole Barker (22) “mom” arrested & charged (7/28/18) with principle to first-degree murder, meaning “actual perpetrator of the crime” & 1 count of criminal conspiracy. Plead not guilty. Held without bond. DA will seek DP.
72 hour court hearing, could be 7/27/18; moved to Monday, 7/28. 7/28/18: DA charges Barker with criminal conspiracy.
9/20/18 Update: Motions hearing set for 9/21. One motion is to set bond. 9/21/18: Judge finds probable cause to charge Barker with murder & held without bond. Hearing re revocation of Barker’s probation scheduled hearing on 10/10.
10/10/18 Update: Her probation has been revoked. Has not been indicted or arraigned on any murder charges yet. No further dates available as of 10/13. 10/16/18: Next hearing on 10/22 re probation revocation hearing. Reset to 12/3.
11/8/18 Update: Indicted by Grand Jury with 1st degree murder. No date for murder charges. Next hearing for revocation of probation on 12/3.
12/3/18 Update: Barker plead guilty to charges of possession of meth & possession of drug paraphernalia & was sentenced to five years in prison Monday after her probation on 2016 drug charges was revoked. Judge Dyess set an initial motion hearing for Feb. 25, 2019 re murder charges. Trial set for 6/17/20.


 
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