Erica Lawson is no longer facing the death penalty in the Baby Elena case following a ruling by Bell County Circuit Judge Keith Nagle during a pretrial conference on Tuesday.

Nagle signed an order striking the death penalty and changing the first count of Lawson’s indictment.

Elena Hembree passed away on July 30, 2023 at Children’s Hospital in Knoxville. The toddler was first taken to Middlesboro ARH Hospital on the night of July 28 and flown out to Children’s due to the severe nature of her injuries.

Middlesboro Police interviewed and shortly afterward arrested Lawson in connection with the violent and tragic crime.  She has been held on a $1.000,000 cash bond ever since.

While there have been no other arrests in the case, both Middesboro and the FBI continue separate investigations.

Lawson was originally charged by former Commonwealth Attorney Lisa Fugate with manslaughter, criminal abuse to a child under 12 years old, failure to report child abuse, and wanton endangerment.

A grand jury then returned a true bill on Lawson with four counts – “I. Murder by intentionally causing the child’s death for failing to provide aide, II. failure to report child dependency, neglect, or abuse of the child, III. criminal abuse of the child, and IV. wanton endangerment for engaging in drug use in the presence of the child.”

According to Nagle’s order on Tuesday,  the finding of facts determined that “only those murders which are accompanied by an aggravating factor or aggravator are eligible for the death penalty.”  A bill of particulars did not determine those aggravators and the conclusion of law states that “the legislative history…makes clear that the killing must have been the conscious objective of the person engaged in the conduct…”

Also in the order, new Bell County Commonwealth Attorney Mike Taylor “conceded that the imposition of the death penalty is not warranted and cannot be proven.”

Count I of the August 22, 2023 indictment now reads “Murder by wantonly causing the death of E.H., a child under the age of 12, by failing to provide aid to E.H., her 17-month-old daughter, who was unable to breath.”

Lawson’s next pretrial conference will be August 4 at 1:30 p.m.