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Home | All Cases | The Murder of Baby Elena Hembree
Solved Case — Both Defendants Convicted

The Murder of Elena Hembree

● Two Defendants — Both Sentenced 17 Months Old Non-Accidental Blunt Force Trauma Baby Elena Bell County, Kentucky
Victim
Elena Hembree
Age at Death
17 months old
Date of Death
July 30, 2023
Location
Bell County, Kentucky
Cause of Death
Non-Accidental Blunt Force Trauma
Defendant One
Erica Lawson — Mother
Defendant Two
Harvey Gollahan — Home Occupant
Case Status
Both Sentenced — 20 Years Each
The Victim

Elena Hembree

Elena Hembree — Baby Elena
Full Name Elena Hembree
Known As Baby Elena
Date of Birth Approximately February 2022
Date of Death July 30, 2023
Age at Death 17 months old
Location Bell County, Kentucky
Father Trey Hembree — Not Charged
Cause of Death Non-Accidental Blunt Force Trauma
Legacy Elena Hembree Day — February 20 — Elena's Law

Elena Hembree was seventeen months old. She was a toddler born in approximately February 2022 in Bell County, Kentucky, the daughter of Trey Hembree and Erica Lawson. Her parents were not together at the time of her death; she was living with her mother. The community that came to know her story after her death gave her a name she will carry forever: Baby Elena.

The Middlesboro Police Department described her case as one of the most severe they had ever encountered, specifically because of how young she was. She was seventeen months old. She had barely learned to walk. She was not old enough to ask for help or to understand what was being done to her. The officials who handled her case said they had never seen anything like it in a child so small.

Elena's father Trey Hembree was not involved in her death and was never charged with any crime. He stood before the community at a memorial shortly after her death and spoke one sentence about what he wanted: justice for his daughter. He has spoken through advocates since, asking that everyone responsible be held accountable and that no one who harmed Elena receive leniency she herself was never shown.

The city of Middlesboro declared February 20 Elena Hembree Day to mark the one-year anniversary of what would have been her second birthday. A community petition called Elena's Law was launched calling for harsher child abuse statutes in Kentucky. She deserved a life. She did not get one. She is remembered by a community that refuses to forget her.

01
Background

What We Know

In the weeks before Elena Hembree died, her uncle went to police and told them he suspected someone had burned her. When officers responded, they could not locate the child; the uncle did not know where she was at the time. No intervention followed. Elena remained in the same environment. The abuse continued.

On the evening of July 28, 2023, Elena was brought to the Middlesboro ARH Hospital in Bell County, Kentucky. The severity of her injuries was immediately apparent. Medical staff determined she could not be treated at that facility and she was airlifted to East Tennessee Children's Hospital in Knoxville, Tennessee. Staff placed her on life support and attempted to stabilize her. She died on July 30, 2023. She was seventeen months old.

The Kentucky Medical Examiner's Office, working from records gathered at East Tennessee Children's Hospital's Pediatric Intensive Care Unit, determined the cause of death to be non-accidental blunt force trauma. At a public forum held in October 2025, Bell County Commonwealth Attorney Mike Taylor also confirmed that Elena died as a result of shaken baby syndrome. The autopsy report, which took months to finalize, was not released publicly until March 2024.

An initial claim by former Commonwealth Attorney Lisa Fugate that Elena had shown signs of sexual abuse prompted extensive DNA testing by the Kentucky State Police Forensic Laboratory. The results, released in March 2024, found no male DNA in the analysis. The medical examiner found no evidence of sexual abuse. Taylor confirmed at the October 2025 public forum that there was no evidence the child was sexually assaulted. The cause of death is blunt force trauma.

The abuse that caused Elena's death occurred over a period beginning on or around July 4, 2023, and ending at the time she was taken to the hospital on July 28, according to court records. The abuse took place at the Bell County home of Harvey Gollahan. Elena's mother, Erica Lawson, was the child's custodian. Gollahan was present in the home during the period of abuse and witnessed it on at least three separate occasions. He did not intervene, did not seek medical attention for Elena, and did not contact any protective agency. Investigators later determined these were the only two people involved in Elena's death.

Case Timeline

How It Unfolded

Weeks Before Death — Summer 2023
Uncle Reports Suspected Abuse; Police Cannot Locate Elena
Elena's uncle contacts police and reports that he believes someone has burned the child. Officers respond but are unable to locate Elena; the uncle does not know where she is at the time. No intervention is made. Elena remains in the environment where the abuse is occurring.
July 4 — July 28, 2023
Abuse Occurs at Gollahan's Home Over Multiple Weeks
According to court records, the abuse and neglect that caused Elena's death occurred between approximately July 4 and July 28, 2023, at the Bell County home of Harvey Gollahan. Erica Lawson is Elena's custodial parent during this period. Gollahan witnesses the abuse on at least three separate occasions and takes no protective action.
July 28, 2023
Elena Taken to Hospital; Airlifted to Knoxville
Elena Hembree is brought to Middlesboro ARH Hospital with severe injuries. The extent of her injuries prevents treatment at the local facility and she is airlifted to East Tennessee Children's Hospital in Knoxville, Tennessee. Medical staff place her on life support in an attempt to stabilize her. Middlesboro Police Department officers interview Erica Lawson shortly after arrival.
July 30, 2023
Elena Dies — Erica Lawson Arrested
Elena Hembree dies at East Tennessee Children's Hospital. She is seventeen months old. Erica Lawson is arrested by the Middlesboro Police Department the following day and charged with manslaughter, criminal abuse, failure to report child abuse, and wanton endangerment. She is held on a $1 million cash bond. Elena's father Trey Hembree speaks at a community memorial, calling for justice for his daughter.
August 22, 2023
Grand Jury Returns Indictment Against Lawson
A Bell County Grand Jury indicts Erica Lawson on four counts: murder by intentionally causing Elena's death through failure to provide aid, failure to report child dependency neglect or abuse, first-degree criminal abuse, and first-degree wanton endangerment. The murder charge is a capital offense. Commonwealth Attorney Lisa Fugate files notice on September 5 that the state will seek the death penalty.
March 2024
Cause of Death and DNA Results Released
The Middlesboro Police Department releases two significant findings. The Kentucky State Police Forensic Laboratory confirms no male DNA was found in its analysis. The Kentucky Medical Examiner's Office releases the autopsy report, confirming Elena's cause of death as non-accidental blunt force trauma. Initial claims of sexual abuse by former CA Fugate are not supported by the forensic evidence.
February 2025
Death Penalty Withdrawn; Murder Charge Amended to Wanton
Judge Keith Nagle signs an order withdrawing the death penalty from Lawson's case. A 2023 Kentucky law requires proof of intentionality for capital punishment in child murder cases. The autopsy established that Elena suffered blunt force trauma 48 to 72 hours before hospitalization; the injury was not visible externally and was only discovered by the medical examiner. The state concedes the killing was wanton rather than intentional, and the murder charge is amended accordingly. Former CA Fugate has since lost her re-election bid; Michael Taylor is now the Commonwealth Attorney.
May 7, 2025
Gollahan Indicted; Lawson Pleads Guilty
A Bell County Grand Jury indicts Harvey Gollahan on one count of murder and three counts of first-degree criminal abuse. That same month, Erica Lawson pleads guilty to aggravated murder, failure to report child dependency neglect or abuse, and wanton endangerment. She is sentenced to 20 years in prison, contingent on her cooperation and testimony against Gollahan. Bell County CA Mike Taylor states these are the only two people the evidence supports charging.
October — November 2025
Gollahan Plea Deal Accepted; Both Cases Closed
Harvey Gollahan accepts a plea agreement. On November 25, 2025, Judge Keith Nagle accepts the deal in Bell County Circuit Court. The murder charge is dismissed. Gollahan pleads guilty to three counts of second-degree criminal abuse, five years each consecutive, plus five years on a separate Bell County indictment, totaling 20 years, to run concurrent with a 51-month federal sentence for being a felon in possession of a firearm. Judge Nagle states in court that a trial would not get us any closer to knowing what actually happened to this child. Both cases are now closed.
03
Law Enforcement

The Investigation

The investigation into Elena Hembree's death was led by the Middlesboro Police Department in Bell County, Kentucky, in coordination with the Bell County Commonwealth Attorney's Office and the Kentucky State Police Forensic Laboratory. The FBI was also brought into the case after the release of the autopsy report and DNA results in March 2024, with MPD citing the availability of all necessary documentation to move forward in the manner the case deserved.

The forensic investigation required patience. Two essential pieces of evidence drove its timeline: the DNA test results and the official autopsy report. Both took months to finalize. On August 4, 2023, the MPD announced they were using DNA testing to identify potential additional suspects. The Kentucky State Police Forensic Laboratory ultimately completed its analysis and reported finding no male DNA. The Kentucky Medical Examiner's Office, working from records gathered by East Tennessee Children's Hospital's Pediatric Intensive Care Unit, released the autopsy report confirming the cause of death as non-accidental blunt force trauma. Both findings were released publicly in March 2024.

A significant complication arose from statements made by former Commonwealth Attorney Lisa Fugate in the immediate aftermath of Elena's death. Fugate publicly stated that the child had shown signs of physical and sexual abuse, and her office sought the death penalty based in part on a theory of intentional killing. The forensic evidence did not support the sexual abuse claim. At a public forum in October 2025, current CA Mike Taylor confirmed there was no evidence of sexual assault and no male DNA found. Taylor also confirmed that Elena's cause of death was consistent with shaken baby syndrome in addition to blunt force trauma.

The case against Harvey Gollahan took longer to develop because investigators were waiting on cell phone data sent to the forensics lab in Frankfort. That delay, which lasted several months, prevented his indictment until May 2025. Taylor publicly explained the timeline to a community that had grown frustrated with the pace of the second indictment.

Taylor held a public forum on October 21, 2025, at the Middlesboro Community Center to address community questions about both plea deals and to correct misinformation that had circulated for over two years. He confirmed that only Lawson and Gollahan had the evidence necessary to support charges, and that if additional evidence ever emerged implicating others, his office would act on it. Kentucky has no statute of limitations on felonies, he noted.

04
Two Defendants — Both Sentenced

The Accused

Erica Lawson
Defendant One — Mother
Erica Lawson
Age 21 at Time of Crime — Bell County, Kentucky
Charges at Plea: Aggravated Murder (wanton); Failure to Report Child Dependency Neglect or Abuse; Wanton Endangerment
Plea: Guilty — May 2025
Sentence: 20 years — Bell County Circuit Court
Judge: Keith Nagle — Bell County Circuit Court
Conditions: Plea contingent on cooperation with and testimony against Harvey Gollahan
Death Penalty: Initially sought by CA Lisa Fugate; withdrawn February 2025 after legal theory shifted from intentional to wanton killing
No Photo
Available
Harvey Gollahan
Defendant Two — Home Occupant
Harvey C. Gollahan
Age 45 — Bell County, Kentucky
Original Charges: Murder; Three Counts First-Degree Criminal Abuse of a Child Under 12
Indicted: May 7, 2025 — Bell County Grand Jury
Plea: Guilty — Three Counts Second-Degree Criminal Abuse; Murder Dismissed — November 25, 2025
Sentence: 5 years each on three abuse counts, consecutive; plus 5 years separate Bell County indictment; total 20 years concurrent with 51-month federal sentence (felon in possession of firearm)
Judge: Keith Nagle — Bell County Circuit Court
Role: Elena was abused at his home; witnessed abuse on at least three occasions; failed to intervene, seek medical help, or contact protective services
Case Closure Notes
Bell County Commonwealth Attorney Mike Taylor stated publicly that Erica Lawson and Harvey Gollahan are the only two individuals the available evidence supports charging. He noted that if additional evidence implicating others were ever developed, his office would present it to a grand jury immediately. Kentucky has no statute of limitations on felonies. Judge Nagle, in accepting Gollahan's plea agreement, stated that a trial would not get the community any closer to knowing what actually happened to Elena. Both cases are now resolved. Lawson is serving 20 years; Gollahan is serving 20 years concurrent with his federal sentence.
Forensic Breakdown

Evidence and Method

Cause of Death

The Kentucky Medical Examiner's Office determined Elena's cause of death to be non-accidental blunt force trauma. The autopsy, conducted from records gathered at East Tennessee Children's Hospital's PICU, established that the fatal injury occurred approximately 48 to 72 hours before Elena was brought to Middlesboro ARH Hospital on July 28.

The injury was not visible externally and was only discovered by the medical examiner. At the October 2025 public forum, CA Taylor also confirmed the findings were consistent with shaken baby syndrome. The cause of death is not in dispute.

DNA and Forensic Testing

Early claims by former Commonwealth Attorney Lisa Fugate alleged signs of sexual abuse. Multiple DNA samples were expedited to the Kentucky State Police Forensic Laboratory. Results released in March 2024 found no male DNA in the analysis.

The medical examiner's report also found no evidence of sexual abuse. CA Taylor confirmed at the October 2025 public forum that Elena was not sexually assaulted. The forensic record does not support the original abuse narrative advanced in 2023.

Pattern and Duration of Abuse

Court records establish that the abuse and neglect causing Elena's death took place between approximately July 4 and July 28, 2023. The abuse occurred at Harvey Gollahan's Bell County home while Elena was in her mother's custody.

Gollahan witnessed the abuse on at least three documented occasions over this period and on each occasion failed to intervene, failed to seek medical attention, and failed to contact any child protective agency or social services.

Prior Warning — Missed Intervention

Several weeks before Elena died, her uncle contacted police and reported suspected abuse, believing someone had burned the child. Officers responded but could not locate Elena; the uncle did not know where she was at the time. No further protective action was taken.

Elena remained in the environment where the fatal abuse was occurring. The failure to locate her at the time of the uncle's report is among the most painful elements of a case in which intervention may have saved her life.

Lawson's Legal Theory Shift

The original indictment charged Lawson with murder by intentionally causing Elena's death, which qualified as a capital offense under Kentucky law. The defense challenged this framing, arguing the killing was wanton rather than intentional, and that the death penalty could not legally be sought under a 2023 change to Kentucky's capital statute.

Judge Nagle agreed and signed the order withdrawing the death penalty in February 2025. The murder charge was amended to wanton murder, reflecting the legal conclusion that Lawson failed to act when she knew Elena was in grave danger rather than that she caused the injury directly.

Cell Phone Evidence and Delay

The indictment of Harvey Gollahan was delayed significantly because investigators had sent critical cell phone evidence to the forensics lab in Frankfort, Kentucky. The analysis took months to return. CA Taylor cited this processing delay as the direct reason Gollahan was not indicted until May 2025, nearly two years after Elena's death.

Taylor stated publicly that once all documentation was obtained, the case moved forward as quickly as the evidence allowed, and that his office based prosecution decisions solely on what the evidence could prove in court.

In Memoriam

She Is Not Forgotten

Elena Hembree was seventeen months old. She had not yet had her second birthday. She had not yet learned all the words she would have learned or seen all the things she would have seen or grown into the person she would have become. She was a baby. She needed someone to protect her and no one did.

Her uncle tried. He saw something wrong and he called the police and told them what he suspected. The police went looking and could not find her. That is one of the most painful facts in this case. She was there. She was in danger. Someone tried to find her and could not, and the abuse continued until it killed her.

Her father Trey Hembree stood before his community days after she died and said what every parent in that situation says when there is nothing else left to say: justice for Elena. That is it. Get justice for my daughter. That has been the rallying cry of a community in Bell County that has not stopped showing up for her since the day she died.

The city of Middlesboro named a day for her. The community launched Elena's Law. Justin Howard organized rallies and kept her name in front of the people who needed to remember it. Both of the people responsible for her death are now serving prison sentences. That is accountability. It is not enough. It is never enough when the victim is seventeen months old. But Elena Hembree is not forgotten, and she never will be.

Elena Hembree — Baby Elena — 2022–2023
Sources
WBIR — Kentucky Mom Pleads Guilty in Baby Elena's Murder, May 2025  |  WBIR — Bell County Commonwealth Attorney Provides Update on Elena Hembree Case, August 2025  |  WBIR — Kentucky Man Offered Plea Deal in Baby Elena Case, October 2025  |  WTVQ — Bell County Man Accepts Plea Deal in Case Involving Death of 17-Month-Old, November 25, 2025  |  WKYT — Kentucky Man Accepts Plea Deal in Baby's Death, November 25, 2025  |  Middlesboro News — Gollahan to Serve 20 Years on Abuse Charges, December 2025  |  Middlesboro News — Gollahan Signs Plea Deal in Baby Elena Case, October 2025  |  WVLT — Judge Takes Away Death Penalty Option for Ky. Mother, February 2025  |  WBIR — Young KY Mom No Longer Facing Threat of Execution, February 2025  |  WATE — Second Person Indicted in 2023 Death of Baby Elena, May 2025  |  WATE — Plea Deal Offered for Man Indicted in 2023 Death of Baby Elena, October 2025  |  WBIR — Middlesboro Police Release Significant Development in Elena Hembree Case, March 2024  |  WBIR — Baby Elena Second Birthday, February 2024  |  WBIR — Justice for Elena: Father Speaks at Memorial, July 2023  |  WBIR — Bell County Forum Sheds Light on Baby Elena's 2023 Death, October 2025  |  Erica Lawson Grand Jury Indictment — Bell County Circuit Court
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