Krysti Lavanway has had her request for a sentencing appeal denied by an appellate court.
The trial court’s decision was affirmed by an appellate court in an opinion released on Wednesday. The 24-year-old Lavanway is the mother of 2-year-old Serenity Wilson – who was allegedly beaten to death in 2015 by Lavanway’s boyfriend, Shane Weedling. He will go to trial in September of this year.
Lavanway was sentenced in December to 35 years in prison in the case on charges of Neglect of a Dependant Resulting in Death, a Level 1 Felony. She initially faced murder charges, but counts were dropped by Marshall County Prosecutor Nelson Chipman after a review of the evidence.
Prosecutors claimed Lavanway was called home from work by Weedling one day in late September to find Wilson badly injured. Lavanway allegedly did not seek immediate medical treatment. Further, prosecutors allege Lavanway lied to authorities and medical professionals attempting to treat Wilson. Intensive care at a local hospital was unable to save the infant.
A Level 1 Felony carries a recommended sentence between 20 and 40 years in prison with the defendant receiving 35 years. Lavanway appealed her sentence on January 27th. A spokesperson for the Indiana Court of Appeals says the filing creates a lengthy appellate process whereby written arguments are submitted for consideration.
In her case, Lavanway cited two issues. Namely, that the trial court abused its discretion in its sentencing and that the sentence is inappropriate given the defendant’s character.
The appellate court said in its opinion on Wednesday that Lavanway failed to demonstrate her sentence is inappropriate considering the facts of the case, and the mitigating and aggravating circumstances.
The three judge panel affirmed the trail court’s decision on Lavanway’s 35 year sentence.
