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Currence sentenced for death of boyfriend’s 8-year-old daughter

T-L Photo/CARRI GRAHAM Harrison County Prosecutor Laurne Knight addresses the court during Friday’s sentencing hearing as defendant Jessica Currence, seated at right, looks on.

CADIZ — A Cadiz woman was sentenced to five and a half years in prison after pleading guilty to the lesser charge of reckless homicide in the death of her boyfriend’s 8-year-old daughter.

Jessica Lynn Currence, 28, of 34920 Cadiz-Piedmont Road appeared before Harrison County Common Pleas Judge T. Shawn Hervey for sentencing Friday morning. She accepted a deal on Feb. 14 to plead guilty to the third-degree felonies of reckless homicide, attempted endangering children and tampering with evidence, as well as to first-degree misdemeanor domestic violence.

Prosecutor Lauren Knight described the details surrounding the charges to the court. She said the victim, Paityn Merkins, was a “medically fragile child” who was in the custody of her father, Kristopher Merkins, due to prior abuse at the hands of her biological mother.

“While living in a house in Moorefield, Paityn received burns to her feet and buttocks. Three days prior on Thursday, June 25, Paityn received these burns. Following those burns the defendant (Currence) did not provide medical treatment in the form of a doctor or medical professional. She was never taken to the hospital,” Knight said.

“Two days later, Paityn died while in the bathtub that was prepared by the defendant.”

On June 27, first responders found Paityn Merkins unresponsive on the floor. She was later pronounced deceased at WVU Medicine Harrison Community Hospital.

Knight said an autopsy was conducted due to the burns and bruising discovered on the young girl’s body. The cause of death was listed as thermal and blunt force injuries. Another autopsy performed by a doctor hired by the defense concluded that she died of cardiac arrest from a lack of oxygen.

Knight said investigators also uncovered Facebook messages that included “discussions about beating the child and punishments for bedwetting or accidents.”

Victim impact statements were then given by members of the child’s mother’s family, as well as by the sister of Kristopher Merkins. Each spoke about Paityn’s medical conditions and her will to overcome and survive, as well as their heartache at losing the innocent girl.

Jacob Will, Currence’s defense attorney, said it was a “tragic case” in which two families are now grieving — Paityn’s biological family and Currence’s family. He played the 911 call in which Currence can be heard crying and performing CPR as she waits for first responders to arrive on scene.

“That’s one of the most traumatic 911 calls I’ve ever experienced in my career, and I just play that because I need it to be known that this was not an intentional act. The plea agreement reflects as much. … I just want it to be clear that Jessica grieves with everyone else for the loss of Paityn,” he said.

Will asked the judge to impose a sentence of probation or residential incarceration.

Prior to handing down the sentence, Hervey said he took many factors into consideration. He said he reviewed the defendant’s Ohio Risk Assessment System evaluation, which indicated a low risk of recidivism, her lack of a criminal record, the presentencing investigation and the general facts of the case.

Currence was sentenced to 30 months in prison for third-degree felony reckless homicide, 24 months for attempted endangering children and 12 months for tampering with evidence. The terms will be served consecutively, along with a concurrent sentence for first-degree misdemeanor domestic violence.

“No sentence that I could give today could ever bring back Paityn, and I’m sorry for that,” Hervey said to the members of the child’s family seated behind the prosecutor. “That’s not what I’m here for. I can’t bring her back. I want you to know that I considered the evidence and I handed out a sentence that I’ve thought about, I’ve prayed about, and I believe is correct.”

Hervey then addressed Currence.

“You were placed in an awful position. You were placed in a position that none of us in this room would want to be in. You had to care for a sick child and your own children and other children at the same time with what seems like little help and a whole lot of stress. I considered that, and that’s why a maximum sentence was not given; however, I cannot condone or excuse the conduct that I have witnessed and I have seen.”

Kristopher Merkins, 33, has a jury trial slated for March 7-10 for his alleged role in Paityn’s death. He is charged with involuntary manslaughter, child abuse, felonious assault, reckless homicide, four counts of endangering children and domestic violence.

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