ÃÛÁÄÖ±²¥

Cabell County Prosecuting Attorney Jason Spears told Judge Gregory Howard in Cabell County Circuit Court on Tuesday that GibbsÃÛÁÄÖ±²¥™ 10-month-old son, , was exposed to heroin in his home and was not immediately taken to the hospital. Spears said, according to the medical examiner, Amari died of heroin intoxication.

Gibbs testified in court Tuesday that he is not addicted to any drugs or alcohol.

Gibbs entered a Kennedy plea of child neglect creating risk of death or serious bodily injury Tuesday, which Howard said carries a possible one- to five-year prison sentence.

A Kennedy plea is one in which the defendant accepts punishment without admitting guilt.

Gibbs will also have his name on the child abuse registry for 10 years.

He will return to Cabell County Circuit court for sentencing at 9:15 a.m. April 1.

Gibbs is currently being held in Western Regional Jail.

GibbsÃÛÁÄÖ±²¥™ defense attorney Tim Rosinsky told Howard the reason they decided to enter a Kennedy plea was because, although Gibbs denied directly causing AmariÃÛÁÄÖ±²¥™s death, he understood he and his girlfriend at the time, Samantha Faye Thomas, AmariÃÛÁÄÖ±²¥™s mother, were the only two people with custody and control of the child.

ÃÛÁÄÖ±²¥œHe claims that he wasnÃÛÁÄÖ±²¥™t responsible. And weÃÛÁÄÖ±²¥™ll have to take him at his word. But this child was under his care and custody when it happened. He was (10) months old. He died of a heroin overdose. (Gibbs) took responsibility as a parent,ÃÛÁÄÖ±²¥� Rosinsky told The Herald-Dispatch following the hearing.

Rosinsky said he believes Gibbs felt he needed to enter the plea to be accountable.

ÃÛÁÄÖ±²¥œI think he was responsible for protecting his son from someone else who actually did it. And so thatÃÛÁÄÖ±²¥™s why he took the plea, and thatÃÛÁÄÖ±²¥™s why I think she should, as well,ÃÛÁÄÖ±²¥� he continued.

Rosinsky was referring to Thomas, who last appeared in Cabell County Circuit Court on Feb. 10.

ThomasÃÛÁÄÖ±²¥™ defense attorney Tanner Wall told Howard on that date they were still waiting on the resolution of GibbsÃÛÁÄÖ±²¥™ case, which he said provided new discovery. Wall said he should have a counter ready by ThomasÃÛÁÄÖ±²¥™ next court date at 9:45 a.m. March 10 in HowardÃÛÁÄÖ±²¥™s courtroom two.

Wall said, if a plea is not worked out in this case, thereÃÛÁÄÖ±²¥™s potential for a jury trial within the current term of court.