WARREN — Trumbull County Prosecutor Dennis Watkins writes that “the troubling circumstances surrounding the tragic death of 6-year-old Samantha Martin remain forever in our memories,” at the start of his letter objecting to a potential parole of the girl’s killer: her mother.

Sherry Delker, now 47, pleaded guilty in 2002 to aggravated murder and was sentenced to a 20-years-to-life prison term for running over her daughter, who later died at an Austintown urgent care center on March 29, 2002. She faces her first parole hearing in about 10 days, outside of her prison cell at the Marysville Reformatory for Women.

Delker, who was facing the death penalty, escaped it through a plea deal in which she agreed to plead guilty to the aggravated murder charge. In his seven-page cover letter to the parole board, Watkins states the defendant took advantage of the leniency of the state’s dismissal of the death penalty specification.

“In our view, it would demean the seriousness of her crime if she would now be released on parole at age 47 at her first parole eligibility hearing after serving only 20 years of a life sentence for aggravated murder,” Watkins said.

In addition to the cover letter, Watkins sent a packet of material that includes police investigative notes, videos and the mental evaluations of the defendant.

A spokeswoman from the Ohio Public Defender’s Office said she doesn’t comment on cases that go before the parole board.

THE INCIDENT

The prosecutor’s packet details the consequences after young Samantha was run over about 9:30 a.m. near St. Mary Catholic Church on Prospect Street and state Route 46 in Mineral Ridge.

After the incident, Delker, who at the time lived on North Turner Road in Austintown, took her daughter to the urgent care center about 3 miles south in the center of Austintown. At the care center, Delker told a Weathersfield Township detective that the child was run over by a blue pickup truck or minivan with a woman driver who had fled.

The same detective went to the scene of the incident and found skid or scuff marks in the road.

A few hours later, clothing was found embedded in the pavement of the westbound lane of Prospect Street, east of the church. Also found were hair follicles and scuff marks that were consistent with a body being dragged by a car.

The Ohio State Highway Patrol Crime Lab assisted in the investigation and found that the undercarriage of Delker’s black 1990 Chevrolet Lumina had fibers. The head of the crime lab, Lt. J.D. Brink, also had examined the victim’s clothing and found tire-tread patterns. The pattern on the child’s clothing resembled the tread pattern on the front tires of Delker’s vehicle, Brink stated.

At 2 p.m., an autopsy of Samantha’s body was done at St. Elizabeth Youngstown Hospital, and the pathologist told patrol troopers the victim was crushed to death “like a tire ran over her chest.” The pathologist also told authorities the child had been recently sexually assaulted.

The detective took a statement from a witness who worked at the church. The witness had seen a young girl wearing high-heeled shoes “skipping” outside a dark vehicle. Another witness who lived on Prospect Street told detectives that morning he saw a woman pull something from under the rear of a dark “GM car” and put it in the back seat. The witness thought the object to be a dog or another animal.

Detectives about 6 p.m. interviewed Delker, who admitted her prior story was false and that she had killed her child by intentionally running her down with her car. The affidavit said Delker told a trooper on videotape that she killed her daughter to send her to a better place because they were “trying to take her baby away” and “to stop the abuse.”

Watkins said he believed no sexual abuse against Samantha had been committed in Trumbull County and thus far, no one has been charged with any crimes of that sort in Mahoning County.

“Delker was wrongfully projecting blame on others,” Watkins said in reference to the sex charges, and to why she murdered her daughter. “But one thing is crystal clear, she murdered her daughter.”

RULED COMPETENT

After Delker was indicted in April 2002 on one count of aggravated murder with the capital crime specification, Watkins said the public defender team of attorneys moved to question Delker’s state of mind during the killing, questioning her competency and sanity.

“Three experts were appointed to evaluate Delker,” Watkins said. “A total of five reports were filed.”

On Sept. 17, 2002, both state and defense attorneys agreed to the findings from the two psyschologists and one psychiatrist. The late Judge John M. Stuard found by a preponderance of the evidence that the defendant was capable of understanding the nature and objective of the proceedings against her and assisting in her own defense. Stuard also found Delker competent to stand trial.

Two days later, Delker pleaded no contest to the amended indictment and was given the 20-years-to-life sentence.

“All three forensic experts agreed that Delker — though suffering mental illness and / or personality disorders — knew the wrongfulness of her actions relative to the March 29, 2002, killing of her daughter Samantha, and therefore was legally sane when she killed her daughter,” Watkins wrote the parole board.

Watkins told the board that Delker today remains dangerous if freed, because of “her unpredictability and proven demonic outbursts, which we believe are associated with behavioral issues involving her histrionic and antisocial personality traits.”

“She is inscrutable,” Watkins told this newspaper.

In closing Watkins stated: “It does not matter what you call it — mental illness or personality disorder or a combination thereof, the result and human tragedy is the same. In other words, Sherry Delker is out of children, but Ohio and America are not.” Watkins said he fears a free Delker in the future driving a car — and in front of her is someone’s little girl or boy.