CHARLESTON, W.Va. – The West Virginia Supreme Court of Appeals have upheld a Preston County woman’s conviction in the 2018 death of a baby, but may offer her some relief on the 100 year prison sentence she was given.

In November 2018, friends asked Kelly Tusing, who was 23 at the time, to babysit their 12-month-old daughter. Sometime during the baby’s stay with Tusing, the child ended up with a swollen, bleeding brain, which later led to her being taken off of life support.

Tusing initially claimed that the baby’s injuries were caused by a fall from a bed, but following an investigation by the West Virginia State Police, Tusing was charged with death of a child by a parent, custodian or guardian, by child abuse.

At trial, in 2020, Tusing was convicted and was subsequently sentenced by Circuit Court Judge Steven Shaffer to 100 years behind bars.

Tusing, now 26, filed an appeal of both her conviction and her sentence with the state Supreme Court.

This week, justices issued their opinion denying Tusing’s appeal of her conviction, but reversed her sentence and remanded it back to the circuit court for a re-sentencing.

You can read the court’s full opinion here.

Tusing is serving her current sentence in the Lakin Correctional Center.