MIDDLESBORO, Ky. — Tuesday marks what would have been the second birthday of Elena Hembree. She was 17 months old when she died, and her mother was charged with killing her in Bell County, Kentucky.
The Mayor of Middlesboro announced Feb. 20 would mark Elena Hembree Day to raise awareness of the case. Elena was taken to the Middlesboro ARH Hospital on July 28, 2023, and was flown to the East Tennessee Children's Hospital due to the extent of her injuries. Hembree died on July 30, 2023.
"She should have been alive to celebrate her second birthday and another life," said Justin Howard, a Middlesboro neighbor and community advocate for Elena. "The child went through a lot. She went through things that nobody should ever have to endure in their life."
In September, Kentucky prosecutors filed a motion saying they planned to seek the death penalty against Erica Lawson, her mother. They said Lawson did not help the child when she was unable to breathe, and accused Lawson of abusing her. They also said she used drugs while she was supposed to be caring for Hembree. They argued because Hembree was so young and they said the killing was deliberate, the case merited consideration of the death penalty.
Previously, authorities said she had been sexually assaulted as well as severely injured. However, evidence in a later court filing said no male DNA was found after a sexual assault collection kit was used on her. The top prosecutor in the Commonwealth said the claim in the court filing was misleading.
Now, leaders are spearheading "Elena's Law," which calls for harsher punishments for child abuse.
More than 16,000 children were abused or neglected in Kentucky, according to reports. In Tennessee, that number was around 7,000 children.
"I, every night when I lay down, I pray for justice for this child," said Howard.
On Friday, the Middlesboro community is expected to gather for a ceremony remembering Hembree, and formally proclaiming "Elena's Day."