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FOX 11 Fantasy Home 2008 by Living Spaces LLC

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Tucson mother convicted in boy's death

09:29 AM MST on Tuesday, August 5, 2008

TUCSON, Ariz. (AP) -- A Tucson mother has been convicted by a jury of negligent homicide in the death of her 5-year-old autistic son.

The Pima County jury also found Diane Lynn Marsh, 41, guilty on four counts of child abuse.

Deputy County Attorney Shawn Jensvold said Monday prosecutors plan to study whether Marsh can be retried for felony first-degree murder in the death of Brandon Williams.

Jurors didn't indicate on verdict forms that they found Marsh not guilty of felony first-degree murder, but instead found her guilty of the lesser negligent homicide charge on a second-degree murder form.

Jurors indicated on the fourth child abuse count that they found the state had proven Marsh guilty beyond a reasonable doubt of giving her son too much adult sleep medicine in March 2007.

Jurors said the state hadn't proven she caused a head injury that precipitated his death.

Jensvold said Marsh could get up to 11.5 years in prison or lifetime on probation if sentenced on the convictions as they stand.

Pima County Superior Court Judge Hector Campoy set a status conference for Aug. 26.

Jensvold told jurors in his closing argument that Marsh probably snapped because she wasn't taking her medications for depression and wasn't giving Brandon his, which caused him to be more hyperactive than usual.

Jensvold discounted testimony by Marsh regarding Marsh's fear of a murderous satanic cult that was supposedly after her and her son.

Flower Tompson, 28, who didn't testify, was indicted on first-degree murder and child abuse charges, and agreed to plead guilty to child abuse. She faces five to 15 years in prison when she is sentenced Sept. 2.

Tompson had lived with Marsh, her son and another man, authorities said.

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Information from: Tucson Citizen, http://www.tucsoncitizen.com

© 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.

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