KINGWOOD, W.Va. — A woman found guilty of death by abuse in Preston County has been sentenced to 100 years in a state penitentiary.
On Monday, Kelly Tusing, 25, was sentenced to a 100 year determinate sentence before Preston County Circuit Judge Steven Shaffer on the charge of death by abuse, according to Tusing’s attorney William Frame of the William, Frame, & Metheney Law Firm in Morgantown.
Previously, Tusing was found guilty in the death of a one-year-old infant by Shaffer on Oct. 13 .
Due to the sentencing being determinate, Tusing is not granted the possibility of parole; however, Frame stated that he disagrees with the sentence, saying that it “exceeds statutory maximum sentence.”
For that reason, Frame has filed a motion to “correct and reduce the sentence,” asking that the court sentence Tusing to 15-life with the possibility of parole, Frame said.
On Jan. 22, Frame will be arguing for the Preston County Circuit Court to accept his motion for a new trial; a backup date for arguing the motion has been set for March of 2021.
Previously, Tusing was indicted on March 5 before the Preston County Grand Jury for an incident in Nov. 2018.