A Tyler couple was arrested after a Child Protective Services investigation showed their 3-year-old child tested positive for methamphetamine.
Brandy Christine Jaco, 31, and Gary Duane Phillips Jr., 30, both of Tyler, were arrested Sept. 27 by the Smith County Sheriff’s Office each on a charge of abandoning or endangering a child/criminal negligence. Bond for Jaco was set at $200,000. Bond for Phillips, who was on parole after being released from jail in February, was set at $300,000.
According to an arrest warrant affidavit, CPS on June 9 initiated an investigation in reference to “neglectful supervision” at a residence where there were reports “drugs were being used and sold in the presence of a child.”
Smith County deputies on the same date were dispatched to the Matise Street property in reference to a disturbance involving a woman yelling at a man outside of the residence. Upon arrival, deputies identified the couple as Jaco and Phillips, according to the document.
Deputies also found a 3-year-old child that “appeared dirty and was only wearing underwear,” the affidavit states. Officials contacted CPS to pass along the information, according to the affidavit.
A Smith County judge on Sept. 6 signed a removal order that granted the department the right of custody of the child. The affidavit states when CPS officials arrived at the residence they found the child with “dirty and matted hair.”
In the document, the child was described as “having a strong odor” wearing dirty clothes with “fecal matter” inside. The child, who according to the document was wearing no underwear and backwards shorts and shirt, “had a fake tattoo of roses and skulls that almost covered the entirety of her back.”
Phillips told CPS officials Jaco refused to talk to them because she “doesn’t like them and knows of a lot of people that didn’t get their kids back,” according to the document. When CPS spoke with Jaco, she “appeared to be under the influence, rocking back and forth, had a distracted gaze and was sniffling,” the affidavit stated.
When a CPS supervisor visited the home on Sept. 6 to take custody of the child, Jaco and Phillips denied domestic violence and drug use. The document states after the child was removed, the couple “continued to be uncooperative, refusing to drug test and falsely claiming to be represented by an attorney.”
Results from a drug test on Sept. 7 showed the child tested positive for methamphetamine, amphetamine and marijuana, the affidavit shows.