Found Deceased TN - Evelyn Boswell, 15 months, Sullivan County, 26 DEC 2019 *MOM ARRESTED* #9

[Seattle1]

Grand jury indicts Megan Boswell on felony murder, other charges in Evelyn Boswell’s death | WJHL | Tri-Cities News & Weather

Aug 19, 2020

BLOUNTVILLE, Tenn. (WJHL) — A grand jury has indicted the mother of deceased Sullivan County toddler Evelyn Boswell on multiple charges, including murder.

Sullivan County District Attorney General Barry Staubus and other officials announced Wednesday evening that a grand jury has indicted Megan Boswell, Evelyn’s mother, on two counts of felony murder and 17 other counts.

The indictment includes:
— Two counts of felony murder
— One count of aggravated child abuse
— One count of aggravated child neglect
— One count of tampering with evidence
— One count of abuse of corpse
— One count of failure to report a death under suspicious, unusual, or unnatural circumstances
— 12 counts of false reports

Evelyn’s remains were found on a family member’s property near Blountville on March 6. Until now, no one had been charged with her death.

The Tennessee Bureau of Investigation said it was determined that Boswell killed Evelyn and disposed of her daughter’s body.

Staubus said Boswell’s next court hearing is set for Aug. 28 in Sullivan County criminal court.

Her bond is currently set at $1 million.

Boswell’s attorney, Brad Sproles, said he has not recently spoken to his client, who has remained in the Sullivan County Jail on previous charges of giving false reports.

“I have not been able to speak with her recently, there have been some COVID issues at the jail,” Sproles said. “So, we’re somewhat limited in our ability to talk to folks up there. But I’ve spoken with some of the sheriff’s officers and in the next few days they’re going to try to make arrangements maybe where I can talk with her by video.”

@Niner - 19 counts, net hearing 8/28

 

[Waller]

That made me think. So I looked up the statistic of family murder and it looks like men are FAR more likely to murder family member, including children. See page 14 at this link: https://www.bjs.gov/content/pub/pdf/fvs03.pdf

In which universe official statistics are credible and true?

 

[Jo in Calif]

I think I cited the law for Colorado, how Chris Watts was charged for killing his daughters.
This is the Tennessee Law. She received the two counts of felony murder, or first degree murder for each of these.
aggravated child abuse, aggravated child neglect. IMO

Tennessee Code Title 39. Criminal Offenses § 39-13-202 | FindLaw

 

[Seattle1]

Sole suspect everyone else cleared.

No winners.

Baby Evelyn thrown out like rubbish by MB, her teen mom--who will not see life outside confinements. I did not want to believe MB was responsible. Assuming another girl that believed she could be a better girlfriend without her child tagging along. My heart hurts.

 

[Seattle1]

I honestly didn't think it was her. Jesus Christ, 19 counts? What happened to Evelyn? What did she do to her own baby?

I didn't think it was either.

I did not want to believe it could be MB alone. I fought myself that it could be MB, and I lost. Heaven help us all.

 

[Dylansmom08]

Was the grandmother or the grandmothers boyfriend ever charged with anything in this case? I don't think Megan acted alone in this horrible ordeal there is no way she didn't have help from someone in my opinion.

 

[Waller]

I think I cited the law for Colorado, how Chris Watts was charged for killing his daughters.
This is the Tennessee Law. She received the two counts of felony murder, or first degree murder for each of these.
aggravated child abuse, aggravated child neglect. IMO

Tennessee Code Title 39. Criminal Offenses § 39-13-202 | FindLaw

From your link
"A person convicted of first degree murder shall be punished by: death, imprisonment for life without parole or imprisonment for life"
Too many choices for 12 jurors and the court.
Mandatory death sentence would be more clear.
Anyways she won't be sentenced to death (of course).
Look at her pretty face...jurors will be swayed by that face...

 

[Jo in Calif]

Was the grandmother or the grandmothers boyfriend ever charged with anything in this case? I don't think Megan acted alone in this horrible ordeal there is no way she didn't have help from someone in my opinion.

“Baby Evelyn’s body was found on March 6,” Cassidy said. “Since that time, my detectives, TBI agents, and the DA’s office have worked tirelessly conducting interviews, combing through evidence, and establishing a timeline in order to determine the circumstances leading to baby Evelyn’s death.”

Cassidy continued: “As a result of false information given by the defendant along with misinformation circulated in the community, there has been a lot of confusion in the case. I want to be clear when I say that after an extensive and thorough investigation, other individuals were eliminated as suspects and Megan Boswell became the sole suspect in this case.”

Grand jury indicts Megan Boswell on felony murder, other charges in Evelyn Boswell’s death | WJHL | Tri-Cities News & Weather

 

[Seattle1]

Was the grandmother or the grandmothers boyfriend ever charged with anything in this case? I don't think Megan acted alone in this horrible ordeal there is no way she didn't have help from someone in my opinion.

The presser made it clear that the Grand Jury indicted only MB because she alone is responsible for baby Evelyn's death.

MB tried very hard to incriminate both her own mother and mom's boyfriend in the death of baby Evelyn. I believed her!

That's what is so frightening to me. MB fooled us all. She tossed her baby out, together with all of her belongings, like some rubbish heap.

 

[Jo in Calif]

From your link
"A person convicted of first degree murder shall be punished by: death, imprisonment for life without parole or imprisonment for life"
Too many choices for 12 jurors and the court.
Mandatory death sentence would be more clear.
Anyways she won't be sentenced to death (of course).
Look at her pretty face...jurors will be swayed by that face...

Look at her pretty face...jurors will be swayed by that pretty face.
That didn't work out too well for Jodi Arias.

 

[MsMarple]

I wondered why 2 counts of felony murder too.

Any ideas why it's stated that way please? All the cases I've followed I've never seen that before for one body.

As far as I can tell, factors which qualify the charge of felony murder are aggravated child abuse and aggravated child neglect, along with Evelyn being under the age of 12. I'm not sure if premeditation is being considered. It's a little confusing but we'll probably get some clarification soon.

In my mind both child abuse and neglect are intentional acts where the perpetrator should know that those actions will cause serious harm or death to the victim but I don't know if the law agrees with me. In any case I suspect MB will go away for a long time. How long may depend on whether or not she cuts a deal. MOO.

To add, I looked up Felony murder in TN. and found this:
39-13-202. First degree murder.
(a) First degree murder is:
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or <snip>

_ It goes on to say:
(d) As used in subdivision (a)(1), “premeditation” is an act done after the exercise of reflection and judgment. “Premeditation” means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.
2010 Tennessee Code :: Title 39 - Criminal Offenses :: Chapter 13 - Offenses Against Person :: :: Part 2 - Criminal Homicide :: :: 39-13-202 - First degree murder.
My bolding.

The most serious form of homicide in Tennessee is first-degree murder. It's punished most severely of all the homicides, including with the death penalty in certain cases. Tennessee law considers two main types of killings to be first-degree murder: intentional, planned ahead killings as well as felony murders, or murders committed during a violent felony. The prosecutor needs to prove beyond a reasonable doubt both the murder and the lack of lawful justification.
Tennessee First-Degree Murder

felony murder
: a murder that occurs in the commission of a serious felony (as burglary or sexual battery) compare misdemeanor-manslaughter at manslaughter NOTE: Felony murder is usually considered first-degree murder. Felony murder does not require specific intent to kill, and an accessory to the felony may also be charged with the murder.
Murder - FindLaw
My bolding.

 

[MsMarple]

Duh, I just saw this:
The felony murder counts were related to the charges of aggravated child abuse and aggravated child neglect, Sullivan County District Attorney General Barry Staubus told local media during a news briefing after securing the indictments.
Tennessee teen mom indicted on felony murder, other charges in 15-month-old's death

P.S. It's infuriating that MB lied through her teeth in order to take focus off of herself, while her beautiful baby girl lay in a shed among trash. "Teen mother" or not, her actions were inhumane for a person of any age. MOO.

 

[Waller]

Look at her pretty face...jurors will be swayed by that pretty face.
That didn't work out too well for Jodi Arias.

It worked really well for Arias.
The beast deserved lethal injection instead she was sentenced to life...

 

[Caylee Advocate]

Multiple counts of first degree murder can be charged based on alternative theories of murder. There is intentional murder, murder through actions that one knows will highly result in death, felony murder where victim dies during defendant's commission of a felony crime, and a few other variations on those themes. The facts dictate which murder counts to charge and how many. The number of counts is not limited to the number of victims.

 

[Spartygirl]

Whew
this is what we wanted - charges
Still, I'm totally heartbroken

I feel your pain @SA55
I look at Evelyn's sweet, cute little face and my heart breaks.
Every. single.time.
I get so angry that these innocent little ones suffering from the hands of their parents, the most important people in their lives, who are suppose to PROTECT them, not harm them.

 

[PingTheRouter]

BLOUNTVILLE, Tenn. (WJHL) — A grand jury has indicted the mother of deceased Sullivan County toddler Evelyn Boswell on multiple charges, including murder.

that took an extraordinary long time but finally we have an answer now we try to get justice for a child with no voice

 

[BHughes]

It's infuriating that MB lied through her teeth in order to take focus off of herself, while her beautiful baby girl lay in a shed among trash. "Teen mother" or not, her actions were inhumane for a person of any age. MOO.

^^^ THIS! Thank you, @MsMarple!! Well said!

And to know now that she acted ALONE!! How many times did she get on camera with a straight face and just spill out all the LIES! No conscience and obviously, no heart!!! Awful! MOO

 

[MsBetsy]

Finally. This is the news we've been waiting for.

Poor baby Evelyn. Yet another innocent child dead from abuse and neglect. Thrown out like garbage as if her life didn't matter. Megan Boswell didn't deserve to be a mother.

 

[steeltowngirl]

Statutes: Tennessee

39-15-402. Aggravated child abuse and neglect; aggravated child endangerment

(a) A person commits the offense of aggravated child abuse, aggravated child neglect or aggravated child endangerment, who commits child abuse, as defined in § 39-15-401(a); child neglect, as defined in § 39-15-401(b); or child endangerment, as defined in § 39-15-401(c) and:

(1) The act of abuse, neglect or endangerment results in serious bodily injury to the child;

(2) A deadly weapon, dangerous instrumentality, controlled substance or controlled substance analogue is used to accomplish the act of abuse, neglect or endangerment;

(3) The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim; or

(4) The act of abuse, neglect or endangerment results from the knowing exposure of a child to the initiation of a process intended to result in the manufacture of methamphetamine as described in § 39-17-435.

(b) A violation of this section is a Class B felony; provided, however, that, if the abused, neglected or endangered child is eight (8) years of age or less, or is vulnerable because the victim is mentally defective, mentally incapacitated or suffers from a physical disability, the penalty is a Class A felony.

(c) “Serious bodily injury to the child” includes, but is not limited to, second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects.

(d) A “dangerous instrumentality” is any item that, in the manner of its use or intended use as applied to a child, is capable of producing serious bodily injury to a child, as serious bodily injury to a child is defined in this section.

(e) This section shall be known and may be cited as “Haley’s Law”.

(f) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of aggravated child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court’s order.

 

[steeltowngirl]

Evelyn Mae Boswell