BAY CITY, MI — A Bay City, Michigan mother is facing life in prison after prosecutors say her 4-year-old special needs son died from extreme malnutrition while under her care.
Jessica M. Burke has been charged with first-degree child abuse and first-degree murder in the death of her son, Noah J. Whitmire. Prosecutors argue that Burke’s failure to properly care for Noah amounted to gross negligence, ultimately leading to his death. Her defense attorney, however, insists Burke was a devoted parent doing everything she could to manage her son’s complex medical needs.
Burke’s preliminary examination took place Feb. 5 in Bay County District Court before Judge Timothy J. Kelly. During the hearing, Burke sat quietly beside her attorney, James F. Piazza, often writing on a legal pad and wiping away tears. Around 10 supporters attended the hearing, many wearing matching shirts reading “Justice For Jessica.”
Testimony began with Bay City Public Safety Officer Scott Selle, who told the court he responded to Burke’s apartment on McKinley Avenue around 4 a.m. on Oct. 18, 2024. Burke had called 911 after finding Noah unresponsive. Selle said Burke met officers at the door and directed them upstairs, where Noah was lying on the living room floor.
Selle described the child as visibly malnourished, with vomit around his mouth and on his clothing. He testified that Burke suggested he perform CPR while she used a suction machine to clear Noah’s throat. Although Selle saw the device nearby, he said Burke did not use it while he was present. Selle checked for a pulse but could not find one and noted Noah felt cold. Paramedics arrived shortly afterward and pronounced Noah dead at the scene.
Bay City Public Safety Sgt. Jeffrey Ney also testified, describing Noah’s body as extremely thin, with bones and facial features clearly visible. Ney said Burke appeared frantic and panicked while speaking with him. According to Ney, Burke explained that Noah had been in pain from teething and that she gave him Tylenol before putting him to bed. She said she fell asleep on the couch and later woke up to find him not breathing.
Detective Sgt. Ben Krzyminski testified that when he arrived later that morning, Noah’s body had already been removed. He described Burke’s apartment as orderly and noted the presence of a medical suction machine. Burke initially hesitated to allow a search, prompting detectives to obtain a warrant. Krzyminski also said Burke was reluctant at first to release Noah’s medical records but eventually cooperated.
Krzyminski testified that Burke explained Noah had significant medical issues dating back to birth, including low muscle tone and difficulty swallowing. She said he spent months in hospitals as an infant and required feeding tubes and suction equipment. Burke admitted Noah had not seen a doctor in roughly two years and said she had canceled appointments, including one scheduled just days before his death.
According to prosecutors, an autopsy conducted by forensic pathologist Dr. Patrick Cho found Noah weighed only 10 pounds and measured 31 inches long. Cho reportedly found no medical explanation for Noah’s failure to gain weight and ruled the cause of death as severe protein-calorie malnutrition, listing the manner of death as homicide.
The hearing was adjourned and will continue April 29. Burke remains in jail on a $250,000 bond.
