UPDATE: *The jury has reached a verdict in this case. An update to this story can be found by clicking here. *

A weeklong trial involving the alleged murder of a 5-year-old girl from Kemmerer concluded on Friday, May 10. Both the prosecution and defense made their closing arguments before the jury was excused for deliberation shortly before 11:00 a.m.

The case stems back to a November 25, 2022 incident in which Kemmerer resident Cheri Lynn Marler was taken into custody after the young girl she was caring for was found unresponsive in her home. Marler had reportedly been caring for the child and her siblings for a number of weeks when she called 911 stating that the girl was not breathing and needed CPR. EMS crews arrived on scene and began life saving measures. The girl was transported to South Lincoln Medical Center for treatment and later air lifted to Primary Children’s Hospital in Utah. At approximately 9:00 a.m. on November 26 the child passed away from her injuries.

Following the incident, Kemmerer City Police Chief Michael Kahre said the injuries to the child did not appear to be consistent with the story that officers were told on scene, prompting a criminal investigation which resulted in the arrest of Marler. Upon further questioning, Marler eventually admitted to police that she had snapped and had hit and kicked the child. Marler was charged with First Degree Murder and Child Abuse. During a subsequent court hearing on January 9, 2023, Marler pleaded not guilty to the charges.

The first-degree murder charge against Marler is punishable in Wyoming by life in prison with or without parole, or the death penalty. However, the Lincoln County Attorney’s Office decided to not seek the death penalty in this case.

During the closing arguments of the trial, the prosecution argued that they had proven that Marler was intentionally abusive to the child and that the abuse eventually led to her death, summarizing the testimony of doctors and investigators who, during the course of the trial, stated they believed the death of the child was caused by abusive blunt trauma.  The prosecution also argued that the other plausible stories given by the defense did not add up or make sense.

In closing arguments the defense argued that the prosecution had not proven, beyond a reasonable doubt, that Marler was abusive to the child. The defense brought into question the integrity of the investigation, saying that not enough evidence was collected on the stairway that leads to the basement of the home. The defense contested that the child had accidently fallen down the stairs on her own, and that the injuries from the fall were what led to her death. The defense said Marler found the child at the bottom of the stairs where she then carried her up the stairs, laid her on the couch and called 911. They also argued to the possibility that the signs of physical abuse on the child’s body were from her mother, Kayla Kartchner, and not from Marler, noting the history of drug abuse and criminal drug charges given to Kartchner.

As of 2:00 p.m. on Friday, May 10, the jury had not returned from deliberation and a verdict had not been reached.