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Trial set for woman on charges she caused son's death in '11

Mar 25, 2012 - By Christina George, Staff Writer

District Court Judge Marvin L. Tyler set a tentative Aug. 6 jury trial date for the Pavillion mom charged in the death of her son after the woman pleaded not guilty to all charges.

Candace Lea Wagner is charged with child abuse and manslaughter, both of which are felonies, and a misdemeanor charge of criminally negligent homicide.

The arraignment hearing March 20 in Lander's 9th District Court lasted about 20 minutes and was attended by nearly a dozen of Wagner's supporters.

Wagner, who was 34 at the time of her son's death, is accused of involuntarily but recklessly killing the 2-month-old baby, Clancy Lee Wagner, Nov. 11, 2011.

It's also alleged she intentionally or recklessly inflicted physical injury upon a child under 18 years old, and that she caused the infant's death by conduct amounting to criminal negligence.

According to charging documents, Wagner spent the night before her baby's death consuming alcoholic beverages at a bar in Pavillion. After collecting her baby from a sitter's, she went home and put him in bed with her.

Documents stated that when Wagner awoke the next morning, she found her baby unresponsive.

Clancy was pronounced dead at Riverton Memorial Hospital at 8:56 a.m. The cause of death was ruled as asphyxia.

According to reports, while at the hospital, she said, "What did I do to my baby?"

Police reportedly administered an alcohol breath test to Wagner while she was at the hospital. According to court documents, the test indicated the mother had a blood alcohol level of .064 percent. A urine sample taken a few hours later reportedly showed Wagner's blood alcohol level to be .10 percent.

Fremont County deputy attorney Patrick LeBrun asked the court to continue the previously set $5,000 cash bail, which Wagner posted following her Dec. 30 arrest.

Wagner's attorney, Dan Caldwell, requested his client be allowed to travel to Nebraska to visit her son.

After LeBrun said he did not have an issue with her traveling to Nebraska, Judge Tyler of Sublette County told Wagner she would need to provide a request letter to his office before she left the state.

The child abuse and manslaughter charges carry up to 25 years in prison, and the criminally negligent homicide count is punishable by up to a year in jail and a $2,000 fine.

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