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Cresaptown man charged to 35 years in prison for death of his daughter

May 16th, 2017 by WCBC Radio

The Office of the State’s Attorney for Allegany County, Michael O. Twigg, State’s Attorney, announced on Tuesday, May 16, that Kyle Joshua Poindexter, 23 of Cresaptown, was sentenced in Allegany County Circuit Court from his February convictions relating to the April 2016 death of his two month old daughter Avery.


Judge Jeffrey Getty, Associate Judge for the Circuit Court, sentenced Poindexter to 35 years in the Maryland Department of Corrections.  In February, Poindexter was convicted of second degree murder, first degree child abuse resulting in death and associated crimes, following a four day jury trial.


On April 8, 2016, emergency crews were called to respond to a residence in Cresaptown and found two month old Avery Poindexter unresponsive, with in excess of twenty bruises to her head.  The baby was transported to the Western Maryland Regional Medical Center where she ultimately succumbed to her injuries.  The Maryland Office of the Chief Medical Examiner performed an autopsy and ruled her death a homicide as a result of multiple brain injuries.


The Maryland State Police and C3I investigated Avery’s death, ultimately charging Poindexter.  It was learned that he was home alone with the baby the five hours prior to her death, and was unable to provide any explanation for how her injuries had occurred.  Medical experts testified on behalf of the State indicating that the severity of the baby’s injuries were so substantial and catastrophic that they would have been inflicted in close proximity to the time of her death.


According to Assistant State’s Attorney Erich Bean, who prosecuted the case “This case was never about Kyle Poindexter.  From Day 1 of this investigation, Avery was our focus, and we followed the evidence.  The evidence overwhelmingly showed that Mr. Poindexter is the only person who could have committed this crime.  The devastation he’s caused Avery’s family is immeasurable, and I hope they can begin to heal.  Many thanks to Sgt. Jonathan Martin from MSP, the investigators at C3I and everyone involved for their professionalism and relentless efforts in this case.”


The case was also prosecuted by State’s Attorney Michael Twigg.  Poindexter was represented by Michael Stankan and David Schram of the Public Defender’s Office.    

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