SULLIVAN COUNTY, Tenn. (WJHL) — Jurors have returned a guilty verdict against Megan Boswell and sentenced her to life in prison with the possibility for parole after a week-long trial.
Guilty on All Charges
The jury found Boswell guilty on all three first-degree murder charges she faced in the death of her daughter Evelyn. She was also found guilty on all her other charges, including aggravated child abuse and aggravated child neglect.
The verdict was delivered to a packed courtroom. Boswell herself began crying around the time the jury foreperson said she was found guilty on her second first-degree murder charge.
Boswell faced 19 charges in Evelyn’s death. Those charges included:
- First-degree premeditated murder – GUILTY
- First-degree murder in the perpetration of aggravated child abuse – GUILTY
- First-degree murder in the perpetration of aggravated child neglect – GUILTY
- Aggravated child abuse – GUILTY
- Aggravated child neglect – GUILTY
- Tampering with evidence – GUILTY
- 11 counts of false report – GUILTY
- Abuse of a corpse – GUILTY
- Failure to report a death under suspicious, unusual or unnatural circumstances – GUILTY
She had initially faced 12 counts of false report, but the state dismissed one of those counts at the start of the trial.
The jury began deliberating on Wednesday afternoon. After closing arguments wrapped up, the jury spent about four and a half hours deliberating between Wednesday afternoon and Thursday morning.
Judge Jim Goodwin sent the jury back for a brief recess before they immediately moved into a sentencing trial. Based on her first-degree murder convictions, the jury was tasked with determining if Boswell would face life in prison with or without the possibility of parole.
Sentencing Trial Begins
When the sentencing trial began, Boswell’s attorney, Gene Scott, told the jury that while he did not like the verdict, he respected it.
Scott told the jury that Boswell had been in jail since she was 18 years old. Scott said if she was given life in prison, she would potentially be released from jail when she is in her 60s. Should they sentence her to life in prison without the possibility of parole, Boswell will never be released from prison.
Scott said witnesses in the sentencing trial would shine a light on Boswell’s home life before Evelyn’s death that would inform their decision.
Mother of Megan Boswell Testifies
The first witness called was Angela Boswell, Megan Boswell’s mother. Angela was at one time sought by police during the search for Evelyn because her daughter claimed she had taken the child.
Angela was visibly emotional on the stand and told Scott that she was a teenager when she gave birth to Boswell’s brother.
She told Scott that Boswell frequently witnessed her parents’ drug use, primarily opioids, while growing up. Angela said their behavior also led to frequent fights and Tommy Boswell’s, Megan Boswell’s father, arrest.
According to Angela, her daughter was primarily raised by her grandparents. She also claimed much responsibility for Boswell’s troubled upbringing and recalled taking her daughter to AA meetings.
“These problems, do you feel that is partly your fault, the problems Megan’s experienced?” Scott asked Angela.
“Absolutely, yes,” Angela said.
Angela became upset and said she knew Boswell did not have a good role model in her as a mother. Boswell could also be seen crying at the defense table.
Angela said she had been attempting to better herself but realized that did not help her daughter.
“I pray every day, and just, you know, to do my best and try,” a teary Angela said. “I’ve learned the importance of a mother’s role. But not for Megan, I didn’t. I failed her on that miserably.”
Angela asked the jury not to sentence Boswell to life without parole and continued to shoulder part of the entire ordeal.
“At her core, she is a generous, kindhearted person,” Angela said. All Maggie has went through, Maggie still has potential. She was trying so hard, she didn’t repeat my mistakes. Maggie learned from my mistakes. She was trying to do better with Evelyn. You know, she wasn’t repeating it. I think she got saddled with, um, you know, just because my mistakes that that she did those, and that was not it. That was not the case with Evelyn.”
Prosecutors had no questions for Angela.
Foster Mother Testifies
The defense then called Gail Kyte to the stand. Kyte was Boswell’s foster mother at the time Evelyn was born. She also testified in the trial to determine Boswell’s guilt in Evelyn’s death.
Kyte said she has been working in foster care for 15 years and recalled that Boswell “was in bad shape” when she came to live with Kyte. According to Kyte, Boswell was malnourished and very underweight at the time, and her hair was thick with lice to the point that a comb could not be run through it.
Ridding Boswell of her lice took weeks, a haircut and multiple treatments of medicine and special combing.
“It was a rough time for her, very rough,” Kyte said.
Kyte told the court that Boswell’s case file included trauma, abuse and rape. When Boswell came to her, Kyte said she was 17 years old, scared and pregnant.
Boswell stayed with Kyte for four months. She told the court Boswell never caused her any problems disciplinary-wise or with her online schooling. Kyte said Boswell appeared to thrive in a structured environment, and she formed a bond with the teenager.
Kyte said Boswell was “very excited” about becoming a mother. According to her, Boswell practically raised her younger siblings and was experienced in caring for children.
Kyte said she and her husband never woke up to take care of a crying Evelyn because Boswell always took care of her. Kyte also attended numerous doctor appointments with Boswell.
Eventually, Boswell was placed back in her family’s custody and returned to Tommy Boswell’s home. Kyte and Boswell stayed in regular contact, and Kyte began to see signs that Boswell needed help again.
Kyte recalled an instance in which Angela left Boswell and Evelyn at a church and took the baby’s diaper bag. Kyte picked the mother and child up and cared for them that night.
Kyte told the court that she never met Angela but did meet Tommy a few times. According to Kyte, Boswell never knew what it was like to live in a typical family but craved it.
Kyte said she did not think Boswell was “irredeemable” and deserved a chance for parole to live a life after prison.
Again, the state had no questions.
Boswell’s Grandmother Testifies
The defense then called Boswell’s grandmother, Mary Boswell, to the stand. By her family, she is typically referred to as “O’Mommy.”
Mary said she has known Boswell her entire life and kept her often. She said she did not know any of the particulars about any difficulties Boswell faced from her parents, but Boswell frequently stayed at their home.
Mary asked the jury for leniency and said she loved Boswell like her own.
The state also had no questions for Mary.
Boswell Chooses Not to Testify Again
As she did on Wednesday, Boswell informed the court that she did not want to testify.
Scott asked her to repeat that she did not want to testify again, and she did.
After Boswell chose not to testify, the defense rested.
Prosecution’s Closing Argument
Assistant District Attorney Amber Massengill gave the state’s closing argument for the sentencing trial. She said the state’s submission of Evelyn’s birth certificate proved the aggravating factors: Boswell and Evelyn’s ages.
Massengill told the jury that while the defense did show Boswell came from a hard life, lots of people have difficult childhoods and have children young but do not kill their children.
“She doesn’t deserve that chance,” Massengill said. “Does Evelyn get the chance when she’s 69 years old to start her life again?”
Massengill said it is the state’s opinion that Boswell deserves life in prison without parole.
According to Massengill, all the state had to prove was that Evelyn was younger than 12 and Boswell was at least 18 in order for the jury to sentence her to life without parole.
Defense’s Closing Argument
Defense attorney Tim Horne asked the jury to end the entire Megan Boswell trial on the right note by showing her “grace and love.”
Horne said those things have been missing for the last five years, and by showing Boswell compassion, the community could begin to heal.
Horne told the jury that he and Scott have never known hardship and their parents have loved them their whole lives. He argued that Boswell did not know that love, and the jury had a chance to show her that they did not think she was irredeemable.
He asked the jury to let Boswell have a chance by giving her life with the possibility of parol.
Harper’s Closing Argument
Deputy District Attorney William Harper said that he agreed with Horne: the trial should end on the right note.
However, Harper’s definition of the right note differed quite a bit from Horne’s.
“You should show Megan Boswell the same compassion and grace that she showed Evelyn,” Harper said.
He again asked the jury to return a verdict sentencing Boswell to life without the possibility of parole.
Goodwin Instructs the Jury
Judge Jim Goodwin charged the jury with reaching a verdict as to Boswell’s sentencing. Tennessee law states that anyone convicted of first-degree murder must serve life in prison or life in prison without the possibility of parole.
If Boswell were sentenced to life in prison, she would be required to serve 51 years. If she were sentenced to life in prison without the possibility of parole, Boswell would never leave prison.
The defense filed 11 factors for the jury to consider when rendering the sentencing verdict. The defense asked the jury to consider Boswell’s age, upbringing and difficult upbringing in making the decision.
The jury was sent to deliberate on Boswell’s sentencing, and the court entered recess until jurors reached a verdict.
Jury Reaches Sentencing Verdict
The jury reached its verdict and revealed it to the court shortly after 2:20 p.m.
On all three of Boswell’s first-degree murder convictions, the jury decided on a sentence of life in prison with the possibility of parole. The verdict means Boswell will serve 51 years before she is eligible for parole.
The jurors were thanked for their service and released from the court.
Sentencing for Boswell on her other charges will be decided at a hearing on May 22 at 1:30 p.m. At that hearing, the court will discuss the merging of some charges and the way in which her sentence is carried out.
Horne asked to be released as co-counsel from the case, which Goodwin granted.
Boswell’s trial saw more than 30 witnesses called to the stand by the state and none by Boswell’s defense. Testimonies were given by members of law enforcement, forensic scientists, Evelyn’s pediatrician, medical examiners, members of the media and friends, family and acquaintances of Boswell.
The jury was shown numerous photos of Evelyn’s body and the circumstances of her recovery on March 6, 2020. Evelyn’s body was found in a trash can inside a playhouse on a family member’s property.
Additionally, the jury watched hours of interviews with Boswell conducted by law enforcement.