At roughly 3:30 p.m. on Friday, May 10 it was read in a Lincoln County Courtroom in Kemmerer that the jury had found Cheri Lynn Marler guilty of one count of first degree murder and one count of child abuse related to the death of a 5-year-old girl who she had been the caretaker for at the time. A sentencing date will be set at a future time following the review of a presentencing report which had been previously completed.
The first-degree murder charge against Marler is punishable in Wyoming by up to 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. The child abuse charge is punishable by up to 10 years in prison.
“There isn’t a winner or loser today. Families lives have been changed forever on both sides,” Kemmerer City Police Chief Michael Kahre told SVI News after the verdict. “The justice system worked like it is supposed to. I would be lying if I said I was not pleased with today’s verdict. Unfortunately nothing will bring Annabelle back. She is gone. Today’s verdict however brings us justice for her. I am grateful to everyone who did their part to make this trial a success.”
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.
The case stems back to a November 25, 2022 incident in which 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.