Woman convicted in connection with toddler's death facing new neglect charges
EVANSVILLE — An Evansville woman who pleaded guilty last year to drug dealing charges stemming from a toddler's overdose death appeared in court Thursday after officers accused her of neglect and operating a vehicle while intoxicated.
Allison Marcia Smithler's arrest on Monday came after officers were dispatched to the intersection of Southeast Second Street and Monroe Avenue in reference to a "person down," according to a probable cause affidavit filed in the case.
Dispatchers reportedly advised responding officers that Smithler, 24, had passed out in her vehicle alongside a child. An Evansville Fire Department captain who was present at the scene said Smithler was, at first, completely unresponsive and that he found a bottle of alcohol next to Smithler inside her vehicle.
Nicholas Helfert, a detective with the Evansville Police Department, wrote in Smithler's arrest affidavit that she was uncooperative and refused medical care from first responders.
According to court records, Smithler was currently on probation for her role in the 2021 death of 3-year-old Kamari Opperman, who overdosed after ingesting counterfeit fentanyl pills that were left within reach of children inside a nightstand.
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The 2021 case netted criminal charges for multiple people, including Smithler and Kamari Opperman's mother, 21-year-old Makaylee Jade Opperman, who ultimately pleaded guilty to charges of neglect of a dependent resulting in death and conspiracy to distribute a narcotic drug.
In December 2022, a Vanderburgh County judge sentenced a tearful Makaylee Opperman to serve 25 years in a state prison. Prosecutors had charged Smithler with murder and a slew of other charges, but she struck a plea agreement last year that saw her convicted of just one count, dealing in a narcotic drug, a Level 5 felony.
On Tuesday, prosecutors filed a petition to revoke Smithler's probation and charged her with four new counts in connection with her latest arrest:
Neglect of a dependent, a Level 6 felony
Operating a vehicle while intoxicated with endangerment of a minor, a Level 6 felony
Intimidation, a Level 6 felony
Resisting law enforcement, a misdemeanor
Smithler also received a citation for driving with a suspended license, according to court records.
When officers arrived at the intersection of Southeast Second Street and Monroe Avenue on Monday and made contact with Smithler, she reportedly refused to hang up her phone and was uncooperative with officers' efforts to gather basic information about her.
"I observed that her eyes were glassy and her speech was slurred," detective Helfert wrote in Smithler's arrest affidavit. "Smithler became verbally angry and attempted to exit the vehicle and walk away. I placed Smithler in handcuffs and read her Miranda Rights."
Helfert said Smithler declined to speak with detectives but did agree to take a standardized field sobriety test. However, when Helfert removed Smithler's handcuffs to conduct the test, Smithler allegedly attempted to walk away.
According to Helfert, Smithler tried to leave the scene a second time when he administered a horizontal gaze nystagmus test, which can detect if a person is under the influence of alcohol by observing involuntary eye movements.
Helfert wrote that he put a stop to the roadside tests for "safety reasons" and placed handcuffs on Smithler yet again, at which point Smithler is alleged to have resisted being detained.
"Force was used to gain control of her," the probable cause affidavit states.
Smithler was transported to the Vanderburgh County jail, where she reportedly refused to take a chemical drug and alcohol test. Indiana state law dictates that anyone operating a motor vehicle consents to such a test by default.
"A certified chemical test operator read Smithler Indiana's implied consent at the jail," Helfert wrote. "Smithler again refused a chemical test. I took Smithler back to the holding cell. Smithler stated to me, "If it wasn't gonna catch me an extra charge I'd beat your ass."
According to Helfert, he used force to gain control of Smithler a second time when she attempted to pull away from him as he placed her in a holding cell.
According to court records, Smithler was scheduled to appear in Vanderburgh County Circuit Court Thursday at 1 p.m. for an initial hearing in the case. Court records state that a judge reviewed the petition to revoke Smithler's probation during the hearing.
Houston Harwood can be contacted at houston.harwood@courierpress.com
This article originally appeared on Evansville Courier & Press: Woman convicted in connection with Kamari Opperman death arrested again
