Sentence upheld on appeal for mother convicted of smothering son with pillow

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Luzerne County Judge David W. Lupas lawfully permitted prosecutors to reinstate a strangulation charge when a woman decided not to honor a plea agreement and requested a non-jury trial on allegations she smothered her son with a pillow.

Sharon Wallace, 41, was convicted by Lupas in the non-jury trial in November 2022, on charges of simple assault, child endangerment and strangulation and was subsequently sentenced to two-to-four years in state prison.

Wilkes-Barre police charged Wallace with smothering her son with a pillow inside a hotel room on Kidder Street on Nov. 19, 2020.

Wallace was engaged in sexual relations with a man in another bed when her son threw a pillow at her. Wallace, in turn, used the pillow to smother her son for three to four minutes, according to court records.

At a preliminary hearing, prosecutors withdrew the strangulation charge in exchange Wallace would plead guilty to simple assault and child endangerment.

However, Wallace reneged on the plea agreement and requested a non-jury trial, resulting in prosecutors seeking to reinstate the strangulation charge.

Lupas permitted the strangulation charge to be reinstated prior to the start of her non-jury trial.

Wallace filed an appeal arguing Lupas wrongfully permitted prosecutors to add the strangulation charge just as her non-jury trial was about to begin. She claimed her trial attorney was not prepare to defend her on the strangulation charge.

A three-member panel of the Pennsylvania Superior Court on Thursday ruled Lupas did not abuse his discretion by allowing the strangulation charge be reinstated as Wallace was initially charged with the offense.

“(Wallace) was clearly aware, and was not unfairly surprised, that the Commonwealth could proceed with the strangulation charge if the matter proceeded tot rial…we agree with (Lupas) conclusion that (Wallace) had sufficient notice of the charges against her,” the appellate court ruled.