Prosecutor Says Mom Had Multiple Men Involved In Baby’s SA/Murder In Order To Get Re-Elected
Middlesboro, Kentucky, is a small community with a population of less than 10,000. It is located between the Pine and Cumberland Mountains, nestled within an enormous meteorite crater known as the Middlesboro Basin. Middlesboro is the only city within the continental United States built within a crater and is the largest city in Southeastern Kentucky. However, it is also the place where a girl named Elena Rosaly Hembry was born on February 20, 2022. Her parents, Erica Lawson and Trey Hembry, were both only 19 at the time of her birth.
Elena was a bright, blue-eyed baby with round, chubby cheeks and sandy brown hair. She was described as goofy and always laughing by her family. Elena also had an older sister who reportedly lived with her grandparents. Her mother’s social media showcased multiple videos of her dancing with her child, soundtracked to sentimental music. Erica Lawson’s TikTok account specifically appears to have been removed, but clips from her account have been uploaded and continue to circulate on the platform as well as on YouTube.
As young couples often do, Erica Lawson and Trey Hembry ultimately separated not long after Elena’s birth. After relocating to Mount Vernon—roughly an hour and a half drive north of Middlesboro—Elena’s mother maintained primary custody. However, concerns regarding Elena’s welfare began to arise in the late spring and early summer of 2023. It was during this period when Erica Lawson’s uncle reported signs of child abuse to the Middlesboro Police Department. According to these reports, her uncle allegedly witnessed burns on Elena’s knees as well as bruising on the child. The police responded to these allegations but were unable to locate the child or her mother when attempting to make contact.
The Incident and Medical Emergency
Only a few weeks after the reports of child abuse surfaced, Erica brought her 17-month-old daughter to the Middlesboro Appalachian Regional Healthcare Hospital on July 28, 2023. The child’s mother informed hospital staff that Elena was having trouble breathing. Allegedly, Elena had been struggling to breathe for upwards of 45 minutes before her mother decided to seek medical attention.
Shortly after arriving at the hospital, it was evident that her condition was dire, and Elena was airlifted to East Tennessee Children’s Hospital in Knoxville, Tennessee. It has since been reported via social media that Erica Lawson drove to the hospital in her vehicle while the child’s father, Trey, and his parents accompanied Elena in the helicopter. The baby was placed on a respirator and stabilized by medical staff, but tragically, Elena failed to show any brain activity not long after arriving in Tennessee. Two days after being brought to the hospital, Elena Hembry passed away on July 30, 2023.
A currently unverified Knox County forensic document circulating on TikTok states that the child allegedly suffered skull trauma and had widespread bruising, which included the child’s anal region. The nature and area of the bruising suggested that Elena suffered not only physical violence but sexual abuse as well. The police were immediately notified of the toddler’s death, and 21-year-old Erica Lawson was subsequently arrested.
Legal Charges and the Forensic Investigation
Elena’s mother was charged with manslaughter, criminal abuse of a child under 12 years old, failure to report child abuse, and wanton endangerment. “Wanton endangerment” refers to any crime involving reckless or wrongful conduct that creates the risk of death or serious injury to another. Days later, on August 4, the Middlesboro Police Department released a statement regarding Elena Hembry’s death on their Facebook page.
In addition to evidence gathered in the investigation, DNA samples were taken from multiple subjects questioned in the case. The Middlesboro Police Department stated that these DNA samples had been sent out for testing, emphasizing that law enforcement was making every effort to ensure proper protocol was being followed to bring those responsible to justice. Meanwhile, the police urged the public to be patient, claiming that DNA results could take up to a year to return due to the complexity of the case.
While building their case, the state alleged that Erica Lawson had failed to provide aid to the child after learning that Elena was struggling to breathe. Also on their Facebook page, the Middlesboro Police Department insinuated sexual abuse had occurred in the time leading up to Elena’s death. For obvious reasons, this caused an uproar on social media, with individuals online wishing death upon Erica Lawson. On August 22, after waiving a preliminary hearing date, Erica Lawson was indicted on four counts, including murder. The other counts were failure to report child dependency neglect or abuse, criminal abuse, and wanton endangerment—the latter regarding her alleged drug use while Elena was under her care.
Prosecutorial Conduct and Social Media Influence
That same day, prosecutor Lisa Fugate proudly posted on her Facebook page: “Today I had the privilege of presenting the case against Erica Lawson to a Bell County Grand Jury. I’m proud to say Erica Lawson now stands charged with the murder of her 17-month-old baby.” The post included a screenshot of the newly filed indictment.
The thread that ensued underneath this post exhibited a strong bias within the Middlesboro community. Citizens demanded to know the names of other culprits they thought were potentially involved. In response, Commonwealth Attorney Lisa Fugate promised the public that the DNA analysis was being expedited. She boldly stated that the results were going to come “any day” and that those involved would be brought to justice. On September 5, 2023, Erica Lawson was officially arraigned. The Commonwealth announced its intention to pursue the death penalty by filing a motion of aggravated circumstances, a move boasted once again by Lisa Fugate on social media.
This social media activity would inevitably become a major part of the defense’s exhibits. On January 25, 2024, the defense counsel for Erica Lawson filed a motion to strike what they called a “defective indictment” in hopes of removing the death penalty. The motion argued that the case was rushed and highlighted the social media posts by prosecutor Fugate and the police. The document stated that Fugate had posted several times that Erica Lawson allowed and solicited sexual abuse with multiple men.
The DNA Results and Conflict
As of the date of this recording, it is uncertain which claims are true, but the state attorney made these posts before any actual evidence of sexual abuse was returned from the forensic labs. The defense’s motion also noted that prosecutor Fugate was seeking re-election as the Commonwealth’s Attorney at the time these posts were made.
Crucially, the defense motion exhibited forensic DNA results conducted by the Kentucky Central Laboratory Branch. Those lab results showed that no male DNA was found during the examination of the child’s body. The test showed a completion date of August 2023. The defense claimed that despite the results being available since August, the Commonwealth took five months to disclose this evidence.
Despite her social media behavior being targeted as misconduct, prosecutor Fugate took to Facebook yet again, claiming: “Testing is not complete on that… there’s actually been, I want to say, four male DNA—what we call buccal standards—in order to compare that DNA that’s pending right now.” However, on March 20, 2024, the Middlesboro police publicly admitted that no male DNA was found after the analysis was conducted by the Kentucky State Police forensic lab.
Autopsy Findings and Ongoing Legal Battles
Following the release of the autopsy report, Elena’s cause of death was determined to be non-accidental blunt force trauma. Law enforcement assured the public they now had the evidence needed to proceed and were working with the FBI. In May 2024, the defense counsel put forth another motion for a change of venue due to widespread misinformation and public outrage. They established concerns for the defendant’s safety due to multiple death threats on social media.
As of August 2024, neither the motion to remove the death penalty nor the motion for a change of venue has been ruled upon. Erica Lawson is currently being held on a $1 million bond in the Bell County Kentucky Detention Center in Pineville.
The community remains deeply affected. A Facebook group known as “Elena’s Army” was created to drive the movement for justice. Vigils have been held, and a petition on Change.org for the passing of “Elena’s Law” has gathered over 24,000 signatures. This law calls for harsher penalties for child abuse in Kentucky, including the death penalty for offenders of children under age 12.
Conclusion and Future Outlook
The case of Erica Lawson has spread like wildfire across the True Crime TikTok community, fueled by rumors and unverified “insider information.” Some rumors claim Elena suffered burns from a pipe or had been “Narcan-ed” several times. The most pervasive allegation—that the mother allowed six men to abuse her daughter—remains unverified by official evidence, especially given the lack of male DNA reported by the state lab.
While the Commonwealth of Kentucky has seen a 48% drop in child abuse and neglect since 2018, the state still has a 60% higher rate than the rest of the country. Elena was cremated by her family, and her obituary remains a place of mourning for a life cut tragically short.
As of August 2024, no trial date has been set. The Commonwealth still intends to pursue the death penalty against Erica Lawson, the prime suspect in Elena’s death. While she is considered innocent until proven guilty, the premature release of unestablished evidence on social media by authorities remains a significant concern, as it could potentially jeopardize the entire case or result in a mistrial. This investigation continues to unfold.
