The trial over the 2020 starvation of a 10-year-old Salem girl resulted Wednesday in her adopted father being found guilty of second-degree murder as well as abuse or neglect of a child resulting in death.
Randall Abney, 53, received the verdict at Salem’s Dent County Courthouse following approximately 90 minutes of jury deliberation. He is due for sentencing Nov. 18.
Abney accepted the verdict coldly, acknowledging it by stating “yes, sir” twice to Judge Michael Randazzo. He then cooperated with deputies shackling him for transport to the Dent County Jail. Judge Randazzo denied Abney’s last request to say goodbye to his elderly father who was parked outside, not able to make it up the courthouse stairs.
Abney and his wife Susan Abney, 46, were charged after their adopted daughter Josie Ann Abney died at Salem Memorial District Hospital Oct. 3, 2020. At the time Josie weighed only 34 pounds, had a blood sugar level of 10 and was so dehydrated a blood sample could not be drawn. Her protruding bones and emaciation were described by law enforcement as though she “appeared like a Holocaust victim.”
A search of the Abney home later that day found its refrigerator equipped with a lock, the lock on the door to Josie’s bedroom reversed and a loud alarm installed to sound if the door were opened. Josie’s room had only a mattress with a blanket. Her bedroom closet was also equipped with a lock. Meanwhile, in the parents’ bedroom, various sweets such as candy, crackers and cookies were found. A plate of fried chicken was located in the home's kitchen, which the Abneys claimed was to be Josie’s dinner. However, it was noted by Dent County Prosecutor Andrew Curley the plate appeared to have not been touched.
The trial’s centerpiece came Tuesday with the testimony of Susan Abney against her husband. Susan claimed on the witness stand the idea of punishing Josie through food deprivation originated with Randall for when Josie didn’t do chores such as cleaning or doing laundry. She told prosecutor Curley these punishments escalated in time and were eventually handed down for not doing chores fast enough, then finally for Josie trying to eat food. Josie was also punished by having her blanket taken away and locking her out of her closet so she couldn’t keep warm at night by lying in her clothes.
Susan also claimed she tried to sneak Josie food when home alone with her, but Josie couldn’t keep it secret and would tell Randall when he got home, leading to more food deprivation. Susan also said she didn’t seek medical care for Josie because she didn’t know what it would lead to, and what others would think of Josie’s condition. Susan further claimed an ex-husband abused her in a previous marriage, and although Randall had never hit her, she feared his anger if she didn’t do as he wished.
Texts and Facebook messages obtained by law enforcement paint a different picture of Susan Abney’s role. The correspondence between Susan and Randall from winter 2019 to fall 2020 reveal them referring to Josie repeatedly as “it,” “stupid” and a “little bitch” among other insults. They also mockingly reference physical punishments Josie received for trying to sneak food away from the refrigerator or from vehicles. They further mock Josie over increasingly desperate attempts to find nourishment. Among the incidents referenced were Josie eating pudding off a school-bus floor, consuming a tube of toothpaste, eating dog food and drinking water from a toilet. At one point, Susan sent Randall a text stating of Josie, “She will eat shit, LOL.”
The correspondence and testimonies also reveal a general timeline leading up to Josie’s death. This became a key point of argument for both the prosecution and defense. Josie received free breakfast and lunch meals at Salem Upper Elementary School until it was dismissed in March 2020 due to COVID-19. At that point, Josie was home alone with Susan all day, while Randall worked at the St. James’ Walmart Distribution Center. When schools reopened for the fall semester a message from Randall states Josie was too “nasty” to be allowed back to classes. The couple claimed they would be homeschooling their daughter. In August 2020, Randall was injured and no longer went to work at the distribution center. From that point he stayed home with Josie and Susan until Josie’s death.
Prosecutor Curley argued conditions for Josie got worse when Randall was home with her all day, leading directly to her death. Defense attorney T.J. Kirsch of Kirsch & Kirsch in Jefferson City argued it was Susan who had care of Josie over the final year of her life, and she is not credible enough to accuse Randall. He instead told the jury Randall was trying to minimize what Susan had done, and she should be the one on trial for murder.
During cross examination, Kirsch pressed Susan on the nature of the messages between her and Randall. He cited for the jury Susan was volunteering these interactions and text notifications of Josie eating food. He asked Susan why – if she did care about Josie’s welfare and didn’t want to starve her – did she voluntarily send these messages to Randall so he would punish Josie? Susan offered no clear answer. Instead, she offered variations of saying she “just shared” or “just sent” the information. When pressed on her intent, Susan eventually flatly answered with “no explanation” and finally that there was “no reason” for her actions.
Kirsch also cited for the jury Tuesday that Susan had her second-degree murder charge dropped in exchange for testifying against Randall. She pled guilty earlier this year to abuse or neglect of a child resulting in death. Curley said in exchange he would argue to "cap my argument at 29 years at the sentencing hearing." The judge can impose any punishment prescribed by law. She is due for sentencing Oct. 11.
Randall Abney did not take the witness stand but two interviews he gave at the Dent County Sheriff’s Department the day Josie died were played for the jury Tuesday. The investigating officers were Lt. Michael Letchworth and Det. Matt Atkinson. Randall told both he couldn’t remember why the lock was reversed on Josie’s bedroom door. Randall also said Josie was always skinny and had stopped eating a week prior to her death. He claimed she’d done so in the past before starting to eat again. Other than that, Randall said he “didn’t know” what to tell the officers.
During cross examination of Det. Atkinson, defense attorney Kirsch emphasized Randall was voluntarily interviewed and permitted the search of his home. Kirsch also disputed the prosecution’s assertion readily consumable food was not available in the home’s refrigerator or pantry.
Both Randall and Susan agreed in separate statements that on the day Josie died they all went to Salem’s citywide yard sale. Josie was kept in the vehicle while the couple shopped. On the way home, Randall stopped at Casey’s and bought two sandwiches inside for himself and Susan. Later that day, Josie was tired and lethargic before dinner. As Susan and Randall prepared to eat a fried chicken meal, Josie told them she felt like she was going to pass out. She was then laid on the floor and discovered to be not breathing. A 911 call was made from the home, and Josie was taken to SMDH where she was declared dead.
Among the additional testimony during the trial was from Susan’s daughter Kristen Statler, who testified when living in the Abney home the couple punished her by locking her in her room and withholding food. Columbia medical examiner Dr. Carl Stacy testified Josie died from complications stemming from starvation.
Several educators took the witness stand to share insights into Josie, including Stacy Smith of North Wood R-IV as well as Krystal Sims and Melanie Smith of Salem R-80 Upper Elementary School.
A point prosecutor Curley emphasized in his closing argument was that Josie had an Individualized Education Plan at school and was functionally two years behind her grade level. He cited Josie struggled with multistep tasks and was punished for that in not completing multistep chores such as laundry. Curley also referenced Randall blamed Josie for her condition the day she died when talking to investigators. Curley further cited several specific texts between Randall and Susan as particularly incriminating. For example, Susan said Josie cried when school was cancelled for bad weather one day in January 2020. Randall wrote, “OMG go figure.” Susan responded, “Yep because of food.” Pictures Curley showed of Josie in January 2020 versus October 2020 didn’t require context.
Kirsch closed by again attacking the credibility of Susan Abney and saying her testimony was “absolutely unbelievable.” In addressing the messages between the couple, Kirsch said they revealed words by Randall and actions by Susan. He repeated Susan should be the one facing a murder charge, and Randall was guilty of trying to minimize the actions of his wife.
Josie Ann Abney was born in Poplar Bluff as Jocelyn Abrianna Chadwell on Feb. 6, 2010. Her biological parents were a teenage mother and father from Shannon County. She was placed with Susan and Randall Abney as a foster child when she was only 22 months old. The couple had acted as foster parents to more than a dozen children over four years. They later legally adopted Josie and had her name changed.
