The mother of missing toddler Lonzie Barton has pleaded to child neglect and lying to police.
As part of the change of plea, Lonna Barton agrees to truthfully testify in the trial of her boyfriend, Ruben Ebron, who's considered the main suspect in Lonzie's disappearance. While police believe the boy is dead, Ebron has been charged with child neglect and lying to police- and will also face a separate trial for charges connected to an alleged attempted escape from jail. Jury selection in his trial is currently scheduled to begin Monday, and Barton's plea has not changed that at this point.
Lonzie disappeared July 24 from an apartment complex on Jacksonville' Southside while in Ebron's care. Ebron told police the boy had been taken in a car theft, but investigators believe that was a lie and Ebron actually dumped the toddler somewhere. His body has never been found.
The child neglect charges relate to injuries Lonzie suffered before he went missing. In Barton's arrest report, Lonzie is described as being bruised, having fluid coming out of his ears, acting lethargic, and vomiting. The information accepted by the court as part of Barton's plea includes Barton acknowledging that Lonzie was not physically well, but leaving him with Ebron even though she knew he did not have any intent to get him medical attention. The plea also says Barton knew Ebron had drugs in the home within access of Lonzie and his young sister.
Lonna and Chris Barton have a pending drug case in Baker County. Ebron is also facing drug charges in Baker County. Lonna's plea does not influence those cases.
Her attorney says she wanted to take responsibility, which is why she entered the guilty plea. She is expected to be sentenced on February 1st and could receive up to five years in prison.
State Attorney Angela Corey spoke with Action News Jax on Monday before the plea deal was announced. We asked Corey what she expected from the trial.
"It's tough to be going to trial already on charges and we still haven't resolved the main issue in that case," Corey said. "I think everyone thinks trying the murder itself and they don't realize that we haven't been able to charge that yet cause we haven't found that child's body."
Just hours after Barton entered her plea, Ebron was in front of the same judge for a pre-trial hearing. Despite several issues being argued by lawyers, there was no mention of Batron’s plea and no sign that there would be any attempt to delay the trial in light of the guilty plea and agreement to testify.
The major ruling came over blood evidence. Ebron’s defense attorney sought to preclude blood- among other genetic evidence- that was found on carpet and blankets in the apartment Barton and Ebron lived in. The attorney argued that- because Ebron was charged with neglecting the children, but not directly harming them- the blood evidence was not relevant. He further told the judge police couldn’t definitely say when and how the blood wound up in the apartment, meaning it can’t be conclusively determined that it was the result of something that happened while the children were with Ebron. The State Attorney’s Office said they will show Lonzie was not hurt before he was in Ebron’s care, and ultimately, the judge allowed the evidence, saying it was “relevant” and “probative” and that overrides any concerns about it being prejudicial.
The big unanswered question remains whether Lonzie’s sister will be called on to testify in the trial. She’s listed as a defense witness, but the State wants to preclude her entirely because of the trauma the girl’s caretakers believe it will cause. A guardian ad litem representing the child told the judge Wednesday that she doesn’t believe the girl would be able to sit and focus on questioning, and that she has told her three to four different versions of her recollection of what happened that night already- meaning she may not be a competent witness altogether. The judge called a competency hearing for Thursday in closed chambers, during which he’ll hear arguments on whether she can testify and- if she can- whether she will.
Other motions, including whether evidence from Ebron’s cell phone should be suppressed, will be argued in open court after that competency hearing.
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