Gollahan Signs Plea Offer in Baby Elena Death Case

From WRIL The Big One -

WRIL has learned that a man indicted for his role in the death of a 17-month-old child in 2023 has signed a plea agreement offer with the Commonwealth Attorney's office.

On May 7, 2025, 45-year-old Harvey Gollahan was indicted by a Bell County Grand Jury for Murder and three counts of Criminal Abuse - 1st degree, for his role in the death of Elena Hembree in July of 2023.

July 28, 2023, Elena was taken to the Middlesboro ARH hospital. Due to the extreme nature of her injuries, she was flown to the East Tennessee Children’s Hospital where she died days later July 30, 2023. Based on medical evidence, it was determined that Elena suffered blunt force trauma to the back of her head approximately 48 to 72 hours before being taken to the emergency room.

Hembree’s mother, Erica Lawson, was originally charged by Middlesboro Lt./Det. Barry Cowan and Officer Caleb Ayers with manslaughter, criminal abuse to a child under 12 years old, failure to report child abuse, and wanton endangerment. She was later sentenced after taking a plea agreement on May 16, 2025, to (20) twenty years in prison "as a violent offense" for the first count of Murder. She was also sentenced for Failure to Report Child Dependent Neglect or Abuse - resulting in a (90) ninety-day sentence to run concurrent with the first count. Her charge of Wanton Endangerment - 1st degree - resulted in a (5) five-year sentence to run concurrently with the first count. Lawson agreed to cooperate in the case against Gollahan.

Gollahan was among several other suspects whose DNA was tested in connection with the case. Through the investigation, it was determined that Gollahan was directly involved in the events and conduct that led to the death of the child.

According to the plea agreement, the Murder charge is dismissed, and it also amends three criminal abuse - 1st degree - child under twelve charges to three criminal abuse - 2nd degree offenses.

The reasons for the amended charges are as follows:

"...the victim suffered abuse and neglect at the hands of her mother, Erica Lawson, the child's custodian, while in the home of Mr. Gollahan and under his watchful eye. Mr. Gollahan wantonly witnessed this abuse, neglect, and serious physical injury, resulting in the child's death, on at least three occasions and took no action to protect this child, did not seek medical assistance, and did not seek social services or any protective agency to remove the child from this situation.

The Commonwealth is mindful of and offers this amendment in part due to the voluntary and truthful statement made by Mr. Gollahan which allowed the Commonwealth to secure a conviction for Erica Lawson, without which a conviction could not have been obtained."

Officer Caleb Ayers and Lt. Barry Cowan were noted as consenting to the offer made to Gollahan.

The Commonwealth recommended the sentence of (5) five years to serve on counts II - IV of the indictment for three criminal abuse - 2nd degree offenses which are to all run consecutive with one another. This will run consecutive to a separate Bell County indictment for Trafficking, Menacing, Criminal Mischief, Tampering w/Physical Evidence, Resisting Arrest, and Violation of an EPO. A (5) five-year sentence was recommended in those cases, giving a total of (20) twenty years. Those sentences would be concurrent to a federal case of 51 months in US District Court regarding a charge of a felon in possession of a firearm.

The agreement is set to be heard on Monday, November 3, 2025, in Bell County Circuit Court in front of Judge Keith Nagle.

*The content of this story is copyright protected and may not be republished or manipulated by AI to republish without our permission.