They Said Landon Payne Died From A Fall From A Bunk Bed,Cops Said No He Didnt

**Whisper** · July 21st, 2010, 01:05 PM

Three arrested for child abuse in December death of 4-year-old
July 15, 2010
MINDEN - Three Minden residents have been charged in the December death of a 4-year-old boy.

Katie Payne, 19, Sharon Turnell, 36, and Charles Turnell, 37, all of Minden, were arrested Thursday and charged with felony aiding and abetting child abuse resulting in death in the Dec. 22, 2009, death of Landon Payne, said Kearney County Attorney Dave Wondra.

The charge is a Class IB felony punishable by 20 years to life in prison, and being an accessory to a felony, a Class III felony pun-ishable by one to 20 years in prison, a $25,000 fine or both, Wondra said.

Landon Payne was the nephew of Sharon Turnell and Katie Payne is Sharon Turnell's adult daughter who lived in the same house, said Deputy Kearney County Attorney Bryan McQuay.

Wondra said when the boy died, there were seven other children living in "a sort of a group household."

All the children were taken into emergency custody by law enforcement and the state Department of Health and Human Services, and placed in foster care.
[...]

http://kearneyhub.com/news/local/art...cc4c002e0.html

Accused abusers say 4-year-old died after fall from bunk bed
July 21, 2010
MINDEN - The suspects accused of child abuse that caused the death of a 4-year-old Kearney County boy say his injuries were caused by a fall from a bunk bed.
Sharon and Charles Turnell and Katie Payne were arraigned in Kearney County Court Monday.
All three have been charged with aiding and abetting child abuse that caused the death of Landon Payne, Sharon Turnell’s 4-year-old nephew. The charge is a Class IB felony.

They also are charged with being an accessory to a felony, a Class III felony.
[...]
According to the court records, Sharon Turnell’s husband, Charles, her daughter, Katie Payne, and Payne’s husband, Dustin Scoville, also were living at the house along with eight children.
According to interviews officers conducted with Sharon Turnell, Payne and Scoville, Scoville was left alone with Landon and two other children for at least two hours on the morning of Dec. 21. When the women returned to the home, they said, they fed the children lunch then watched television.

Later that afternoon Sharon Turnell went into the boys’ bedroom and found Landon unresponsive. He was taken to the hospital in Minden and on the way, he stopped breathing.

Dustin Scoville, Katie Payne and Sharon Turnell said a fall from a bunk bed caused the injuries that resulted in Landon’s death, according to the records.
Landon was transferred by AirCare to Good Sam, where medical staff alerted the Nebraska State Patrol that his injuries were suspicious.
[...]
The records say Dr. Susan Greenwald from Good Sam observed Landon at the hospital and saw significant injuries, including scabs on his left ear, a bald spot on his head, a fresh red-purple bruise on the head, an older brown bruise on his forehead, many large bruises in various shades on his back, what appeared to be a rectangular pattern injury on his right flank, bruises on all surfaces of his legs and a large healing scabbed injury to his abdomen.

http://kearneyhub.com/news/local/art...cc4c002e0.html

**Rockin Ma** · July 21st, 2010, 07:46 PM

Reminds me of that cute little one Alexis Kamie Morris. I went searching it the other day. I guess the cops bought that line.

**Dakota Valkyrie** · August 3rd, 2010, 06:42 AM

Charles Turnell / Sharon Turnell / Katie Payne

A failure of the system.

That’s what former neighbors say contributed to the death of 4-year-old Landon Payne of rural Kearney County.
[...]

According to Buffalo County Sheriff’s Office incident reports, deputies went to the Turnells’ home in Pleasanton 59 times in three years because of reports of child abuse and neglect involving improper child supervision, poor living conditions or a dirty house. Deputies also responded to calls about credit card fraud, arrest warrants, disturbances, suspicious activity, a liquor violation and assault.

In some instances, Sheriff Capt. Bob Anderson said, deputies couldn’t substantiate the allegations.
[...]

Landon and his sister began living with the Turnells in August 2009 when their father, Clinton Payne, went to prison in South Dakota for forgery. He was paroled in June and is now serving a sentence at the Nebraska Diagnostic and Evaluation Center for unauthorized use of a financial transaction device.

Landon’s mother, Samantha Head of Cuba, Mo., said Clinton Payne had partial custody of their children and took them from their grandmother’s home in Ponca City, Okla., in 2007 to live with him in South Dakota. According to court records, when he went to prison, Clinton’s sister, Sharon Turnell, went to South Dakota and brought Landon and his sister to live with her family in Pleasanton.

“We all thought they were still with their father. If I would have known, I would have been up there, and I would have gotten them,” Head said. “I would have not let it get this far. We were trying to find them and couldn’t find them at all.”

Head said she is angry that HHS never notified her of her children’s whereabouts.

“They didn’t bother calling us or anything. We were trying to get ahold of everybody before all this happened, and nobody would tell us anything. ... If they would have notified me and my family, my son still would have been alive,” she said.
[...]

http://www.omaha.com/article/20100803/NEWS01/708039901

In the 59 reported Pleasanton cases involving Charles Turnell and Sharon Payne Turnell, “The conditions were less than ideal, and there was merit to the concerns. However, it doesn’t appear they rose to the level that an emergency removal was necessary,” Anderson said.

http://www.kearneyhub.com/news/local...cc4c002e0.html

A temporary sign is all that marks 4-year-old Landon Payne's grave.

**Whisper** · August 3rd, 2010, 01:06 PM

Fund Set Up To Buy Headstone For Nebraska Boy
A fund has been started at Platte Valley Bank to buy a headstone for a little Nebraska boy who authorities say died after child abuse by three family members.
Four-year-old Landon Payne died Dec. 22 at Good Samaritan Hospital in Kearney.
The three family members told authorities that Landon fell from a bunk bed at their home in rural Kearney County.
But doctors say he had numerous injuries in various stages of healing.
Hearings are set Thursday for 36-year-old Sharon Turnell, Landon's aunt, her husband, 37-year-old Charles Turnell and Sharon's 19-year-old daughter, Katie Payne.
[...]

http://www.wowt.com/home/headlines/99842844.html

**Dneilz** · August 3rd, 2010, 01:12 PM

:( What a beautiful little boy. I will never ever understand how anyone can hurt a child, much less kill them. It is just so heartbreaking....even though I never met the child. I hate child abusers

**ineedanap** · August 3rd, 2010, 01:24 PM

Landon’s mother, Samantha Head of Cuba, Mo., said Clinton Payne had partial custody of their children and took them from their grandmother’s home in Ponca City, Okla., in 2007 to live with him in South Dakota. According to court records, when he went to prison Clinton’s sister, Sharon Turnell, went to South Dakota and brought Landon and his sister to live with her family in Pleasanton.

“We all thought they were still with their father. If I would have known, I would have been up there, and I would have gotten them,” Head said. “I would have not let it get this far. We were trying to find them and couldn’t find them at all.”

Head said she is angry that HHS never notified her of her children’s whereabouts.

“They didn’t bother calling us or anything. We were trying to get ahold of everybody before all this happened, and nobody would tell us anything. ... If they would have notified me and my family, my son still would have been alive,” she said.
[...]

Ok, partial/shared custody whatever. The father takes the kids in 2007 and she apparently made no effort to contact them or see them, because otherwise she would have known the father was in jail and the kids were with the aunt. Poor mom wants to blame "them" for not telling her where her kids are, but, hello?? They are HER kids, and it's her responsibility to know where her kids are. FFS, the lack of personal responsibility and accountability in our society just makes my head hurt sometimes.

**Jerri Blank** · August 4th, 2010, 06:32 AM

Originally Posted by ineedanap

Ok, partial/shared custody whatever. The father takes the kids in 2007 and she apparently made no effort to contact them or see them, because otherwise she would have known the father was in jail and the kids were with the aunt. Poor mom wants to blame "them" for not telling her where her kids are, but, hello?? They are HER kids, and it's her responsibility to know where her kids are. FFS, the lack of personal responsibility and accountability in our society just makes my head hurt sometimes.

This part of the story bothered me too. I was thinking though maybe she didn't know what happened after he went to jail to the time of her son's death, which would have been Aug. 2009. That would make allot more since then years..hell that's still 4 months of not knowing where your child is though and I'd like to think if were me I'd be killing MF's from the get go to find my damn kid.

Hell have no fury like Moms!

weird isn't it that people come out of the wood work when it's to damn late? pisses me off.

**Whisper** · August 5th, 2010, 09:41 PM

Turnells face trial in 4-year-old's death
MINDEN - A sustained pattern of abuse left Landon Payne with injuries worse than he would have received in a cement mixer.
That's what Judge Robert Ide said in Kearney County Court today as he bound over Charles and Sharon Turnell to District Court on charges of aiding and abetting child abuse that led to death.
The couple are accused in ongoing child abuse that led to the Dec. 22, 2009, death of Sharon Turnell's nephew, Landon Payne, 4.

After a four-hour preliminary hearing today to determine if there is probable cause to hold the couple, Ide dropped a second charge against both Charles and Sharon of being an accessory to a felony, but upheld the aiding and abetting charges.

"We have a child who has accumulated an extraordinary number of injuries, including a prior head injury. We have physicians that tell us these could not have occurred from the accident that was suggested. And, looking at the photographs alone, I don't know how this child could have gotten this severely injured if he was in a cement mixer," Ide said, referring to photographs of Landon's body taken after his death.
[...]
Ide also upheld the bonds for both Charles and Sharon Turnell. Charles is being held in the Kearney County Jail on 10 percent of a $300,000 bond, or $30,000. Sharon is being held in the Phelps County Jail on 10 percent of a $1 million bond, or $100,000.

Sharon's daughter, Katie Payne, also is charged with aiding and abetting child abuse that led to death and being an accessory to a felony. This morning, her preliminary hearing was scheduled for Sept. 2.

http://kearneyhub.com/news/local/art...cc4c002e0.html

**Valasca** · August 5th, 2010, 09:49 PM

Christ, just a few days away from his birthday.
I hope they all rot in hell.

**Whisper** · August 14th, 2010, 01:32 PM

About 200 honor alleged victim of child abuse at Friday vigil
KEARNEY — About 200 flickering candles were mirrored by one shooting star in the sky above Kearney Friday night.

People gathered at Yanney Heritage Park for a candlelight prayer vigil for Landon Payne, 4, a victim of alleged child abuse who died Dec. 22, 2009.

Many said they saw a shooting star cross the eastern sky directly in front of the assembly just after a prayer by Rev. John Gosswein of Kearney and before the song “Borrowed Angels” by Kristin Chenoweth began playing.

“That was just so cool,” Taryn Tracy of Kearney, one of the organizers behind the vigil, said of the star.

“A vigil is actually an opportunity for us to shine a light in darkness, and it’s an opportunity to come and look at the darkness square in the face, and for us to be able to look together, to hear together and to gather together,” Gosswein said before reading Psalm 27.

“In the midst of the darkness, we light a candle and the candle invites us, in spite of the darkness itself, to be able to look forward with hope,” he said.

As the vigil ended, one woman shouted out, “God bless Landon Payne,” and several people responded, “Amen.”

Lola Schall of Kearney said she connected personally to Landon’s story.

“I know the family that did it, and I have a niece who died from abuse, too. I’ll be following this as it goes on to see what happens,” she said.

Organizer Jacque Shepard of Kearney said she was “thrilled” with the turnout Friday.

“The reason we’re here is because we’ve all heard a really horrendous story that has got to all of us,” she said while addressing the crowd.

“We heard a story about a little boy who suffered abuse at the hands of people that were supposed to take care of him, and the little guy died nine days before his fifth birthday, just before Christmas.”

Shepard said she remembers reading Payne’s obituary and feeling sympathy for the family. When Landon’s aunt, uncle and cousin were arrested in July and charged with child abuse that led to his death, she said she felt sick.

“I just felt horrible. I couldn’t believe this happened in this place I call home. I thought, ‘We have to do something.’ I don’t know what we have to do, but we have to do something. We can’t let little ones just go like this. We can’t let little ones that can’t stand up for themselves — this little guy died with nobody. I’d like to be his family,” Shepard said.

“I think we’re moms and dads, brothers and sisters. We’re aunts and uncles, grandmas and grandpas, and we’re Landon’s family now. We’re his family. We’re Landon’s Legion. A legion is an army of thousands, and I hope that gets to be us someday.”

When he died, Landon had been living with his aunt, Sharon Turnell; her husband, Charles Turnell; Sharon Turnell’s daughter, Katie Payne; Katie Payne’s former husband, Dustin Scoville; and seven other children in a home in rural Kearney County. The Turnells and Katie Payne are charged in Landon’s death.

Before Landon was living with the family, police in Kearney and deputies in Buffalo County had been responding to calls at the Turnells’ Pleasanton home for a variety of issues.

In the three years the Turnells lived in Pleasanton, the Buffalo County Sheriff’s Office responded to nine calls there regarding possible child abuse or neglect. Officers also responded to the house other times for poor living conditions or a dirty house, credit card fraud, arrest warrants, disturbances, follow-ups; suspicious activity, a liquor violation, and assault.

Lisa Goetz of Kearney said she came to the vigil because she was “infuriated” by Landon’s story.

“When I read the article I immediately was thinking, ‘We’ve got to do something,’” she said. “I just know that if there was that much activity going on, they should have investigated way before this happened. It just breaks my heart to think of that poor boy.”

Shepard has said because of what she learned about Landon’s case, she wants to see change in the child welfare system that she is calling “Landon’s Law.”

“I’m asking you guys tonight to join us to be part of Landon’s Legion,” she told the crowd. “We would like to work on changing laws in some form. Exactly how we’re going to do that, we don’t know yet. We’re still trying to pull things together. We only heard about this a couple weeks ago, but we want to do it as quickly as we can.

http://kearneyhub.com/news/local/art...cc4c03286.html

Ashley Bourne and Jamie Legates, left, stand silent at a vigil Friday night at Yanney Park in Kearney and honor 4-year-old Landon Payne, whose death in December was allegedly a result of child abuse. Bourne and Legates are Kearney residents.

**Dakota Valkyrie** · September 2nd, 2010, 06:43 PM

A felony charge has been dismissed against Katie Payne in connection with the December death of Landon Payne.

Thursday, deputy Kearney County Attorney Bryan McQuay dismissed the charge of felony aiding and abetting child abuse resulting in death in Landon Payne's Dec. 22, 2009. McQuay said the charge was dismissed in exchange for Payne's cooperation with law enforcement.

However, the charge can be filed again.

Payne, 19, waived her right to a preliminary hearing on the accessory to a felony charge. The single count was sent over to Kearney County District Court where it will be tried.

http://www.kearneyhub.com/news/local...cc4c03286.html

**Dakota Valkyrie** · September 8th, 2010, 03:15 PM

Another man has been charged in the child-abuse death of a 4-year-old boy in south-central Nebraska.

The case was filed last week in Kearney County Court against 23-year-old Dustin Scoville.

He's the third person charged with aiding and abetting child abuse that resulted in the death of Landon Payne last December. The others are 36-year-old Sharon Turnell and her husband, 37-year-old Charles Turnell, of rural Minden. Sharon Turnell was Landon's aunt.
[...]

Scoville is serving time in the Buffalo County jail for driving offenses. His attorney did not immediately return a call Wednesday.

http://journalstar.com/news/state-an...cc4c002e0.html

Children living with Landon Payne the last two months of his life say Dustin Scoville abused the boy and may have caused Payne’s death.

“Dustin hit him in the head, and then he was dead,” one child told an interviewer with the Family Advocacy Network in Kearney. According to those court records, it wasn’t the first time the child had seen Scoville hit Landon, 4, in the head.
[...]

Sharon Turnell’s daughter Katie Payne, 19, Scoville’s ex-wife, is charged with being an accessory in Landon’s death.

http://www.kearneyhub.com/news/local...cc4c002e0.html

**Whisper** · September 23rd, 2010, 03:22 PM

No reduced bond for Charles Turnell
MINDEN — Kearney County District Court Judge Stephen Illingworth denied a request from Charles Turnell Wednesday to be released on a personal recognizance bond.

Turnell, 38, has been held in Kearney County Jail on 10 percent of a $300,000 bond, or $30,000, since he was charged in July with aiding and abetting child abuse that led to the death of 4-year-old Landon Payne.

That charge has since been amended to child abuse that led to death.

Payne died Dec. 22, 2009, at Good Samaritan Hospital in Kearney. He was the nephew of Charles’ wife, Sharon Turnell, and had been living with the family since August 2009.

Kearney County Attorney Dave Wondra said Illingworth cited several reasons for denying the bond request.

“One of the reasons is a bond is about public safety and the seriousness of the offense. He also said there’s no guarantee (Charles) wouldn’t be around children, since this was an alleged crime against a child.”

Sharon Turnell, 37, her daughter, Katie Payne, 19, and Katie’s ex-husband, Dustin Scoville, 23, also have been charged in the case.

The Turnells are scheduled to appear in court Oct. 6 for a hearing to ask the district court judge to dismiss their charges because of insufficient evidence or probable cause.

Katie Payne also appeared for an arraignment in Kearney County District Court Wednesday, where she pleaded not guilty, Wondra said.

Katie Payne was originally charged with aiding and abetting child abuse that led to Landon Payne’s death and being an accessory to a felony.

The aiding and abetting charge was dropped in exchange for her cooperation with law enforcement in a Sept. 2 hearing. She is free on a personal recognizance bond.

Sharon Turnell is being held in Phelps County Detention Center on 10 percent of a $300,000 bond, or $30,000.
[...]

http://kearneyhub.com/news/local/art...cc4c002e0.html

**Rockin Ma** · January 29th, 2011, 09:56 PM

New details in the trials surrounding the death of a four-year-old: the Landon Payne trial is providing Kearney county court and state investigators with a lot of work. State investigations give accounts of abuse to Landon that left his body bruised and battered from head to toe.

Both Katie Payne and Dustin Scoville were in court this week.

Payne is free on bond right now she's the only one charged with Landon's death who's not actually behind bars. Even though she was initially arrested and charged like her mom, step-father, and ex-husband Dustin Scoville, Katie Payne got even more clearance to live a more normal life this week.

The judge says she can now spend nights out of town, if her job requires it. Court documents say she's now working in Sumner. Payne was previously released on charges that she'd aided and abetted in the abuse leading to young Landon's death, and as it stands now, she's charged with being an accessory to a felony. She's reportedly cooperating with the state investigation.

An acquaintance of Payne's told NTV last month that she plans to testify against the others charged in the death.

Katie Payne was released from jail before ex-husband Dustin Scoville was charged with intentional child abuse leading to death. Now before this trial goes before a jury, Scoville's lawyer wants to know what else could be used against him.

It's called a motion for discovery. On Tuesday, Scoville's lawyer asked for everything the state will say about him on trial. That includes his criminal record--which includes numerous complaints filed against him. Several of those ended with him behind bars.

It may include statements he's made, things he's said that could be used against him in court; and court documents indicate that it can certainly include things he's said in jail.

Scoville's lawyer, Attorney Charlie Brewster, is also making sure he's prepared for anything scientific that might be used against Scoville, and also any mental examinations that
the state has in their possession.

Scoville's jury trial is set for Feb. 2, 2011, and until then, he's in Buffalo County Jail on unrelated charges.

http://www.nebraska.tv/Global/story.asp?S=13841938

**Tundratot** · January 30th, 2011, 03:24 AM

Okay, so if I have this correctly, this is what has happened.

* Mom and Dad Payne divorce or separate. They have shared custody of the kids.
* In 2007, while the kids are with a grandmother (unclear which and whether the stay was a visit or something more permanent), Dad comes and takes the kids.
* Then Dad Payne moves out of state with the kids.
* Mom Payne loses touch for some undisclosed reason.
* Dad commits forgery and gets jail time.
* In August 2009, Dad leaves the kids not with Mom (which would make sense), or the grandmother (which also might have made sense), but with his sister and her family (maybe he thought they were younger and more energetic or maybe they were the only volunteers in his family) while he goes to jail.
* Aunt Turnell has a husband, an adult daughter (Payne) and a son-in-law (said daughter's husband, Scoville) living with her.
* The four adults in the house all think it's appropriate to mistreat, beat, and thump on the 4-year-old boy's head.
* We don't know how they treat the other child, a girl. Nor do we know whether she is older or younger than her brother. There are other children in the home, too.
* Despite 59 visits in response to complaints made "over three years" (this precedes the Payne children's advent into the house), no authority sees fit to remove the children from the house. It's unclear whether the authorities visited during the 3 months the Payne children were there, but it stands to reason they must have. 59 visits?!!!
* The boy, Landon Payne, dies in December 2009.
* Now Mom Payne finds out where the kids are.
* The Aunt, Uncle, Cousin and son-in-law are all charged with some aspect of the crime.

Dad and his extended family are all lice. Evil, flesh-eating, blood-sucking, pus-bag lice. Was Dad so unaware of his sister's household? Did he really think that keeping those kids from their maternal family was more important than their welfare? Was forgery and jail worth the life of his child? Was losing his child a risk he wanted to take in order to spite his ex? And what is there to say about 4 adults harming a child and ruthlessly ignoring his pleas for help? He was their family. A child. Not a freeloader. Not vermin invading their house. If they had too much to bear, to many mouths to feed, they had options. Not the least of which was finding the children's MOTHER!

**MadeaBecBec** · May 4th, 2011, 02:10 PM

Another delay

HASTINGS - The jury trial for Dustin Scoville has been delayed until September.

District Court Judge Stephen Illingworth granted a motion to continue Scoville's trial in a hearing Tuesday in the Adams County Courthouse.

Scoville's trial originally was scheduled to begin May 9, but his attorney, Charles Brewster of Kearney, said he needs more time to prepare.

Illingworth granted a motion from Payne's attorney, Nancy Garrelts of Holdrege, to continue her jury trial from the original date of May 9 to Oct. 3-5.

Garrelts said Payne is working on a plea agreement with the state, and she will not enter a plea until after the other defendants in the case have been tried.

http://www.kearneyhub.com/news/local...cc4c002e0.html

The Turnells are still being held!

**MadeaBecBec** · May 4th, 2011, 02:36 PM

http://www.facebook.com/profile.php?...51648101569461
He posted this on Saturday and apparently a custody hearing is tomorrow for Landons sister!!

by Clinton Payne on Saturday, April 30, 2011 at 11:51am.
Just wanted to post a little on my own wall. Life has been a challenge lately, but I've risen to the challenge and overcome some amazing things these past several weeks. Not many of you have stayed in touch with me, but please remember that i goto court this thursday to find out when my girl "Haley" gets to come home to her daddy.......we could use all your prayers and i'd love to hear from everyone of you....so, suprise me! Many nbloessings to all of u!!!

Clinton: I'll be praying, you can count on that!! You don't want to hear my prayer, but God will.....

Landon has a facebook page: http://www.facebook.com/pages/Justic...47058815311107

Both parents post on there....

Smiling Precious Landon, even though.....

**Dakota Valkyrie** · September 11th, 2011, 12:34 PM

A fourth person has pleaded no contest in the death of a 4-year-old boy in south-central Nebraska.

Katie Payne, 20, entered the plea in Kearney County District Court to one count of intentional child abuse without injury in the December 2009 death of Landon Payne. She'll face up to five years in prison at sentencing.

Katie Payne's mother, 37-year-old Sharon Turnell, and Payne's ex-husband, 24-year-old Dustin Scoville have pleaded no contest to attempted child abuse resulting in death. Each faces up to 50 years in prison when sentenced Sept. 20.

Turnell's husband, 38-year-old Charles Turnell, pleaded no contest to attempted child abuse resulting in serious bodily injury. He faces up to 20 years in prison.

http://www.omaha.com/article/2011091...9982/103128752

**Tundratot** · September 12th, 2011, 03:00 AM

I can't believe the weird sentencing involved in those charges. One can get up to 5 years for intentional child abuse, another can get 50 years for attempted abuse. It makes no sense at all. The only one that gets "intentional child abuse" is "without injury", while the others get "attempted abuse resulting in death". Attempted?!! Intentional?!!! have those words changed their meanings?

**Tundratot** · September 20th, 2011, 04:25 PM

KEARNEY - Dustin Scoville was sentenced to 49 to 50 years in prison this morning for causing Landon Payne's death. . . .

With good time Scoville could be eligible for parole in 24½ years and possibly discharged in 25 years.

Landon's aunt and uncle Sharon and Charles Turnell received their sentences for their roles in Landon's death following Scoville's hearing. Sharon Turnell, 38, received 49 to 50 years in prison. Sharon Turnell was convicted in August of felony attempted child abuse resulting in Landon's death.

Charles Turnell, 39, received 19 to 20 years. Charles Turnell was convicted of felony attempted child abuse resulting in serious bodily injury. . . .

http://www.kearneyhub.com/news/local...cc4c03286.html

Well, good! Nice long sentences.

**Dakota Valkyrie** · November 2nd, 2011, 04:54 PM

Katie Payne, 20, was sentenced today to five years probation for intentional child abuse without injury in the Dec. 22, 2009, death of 4-year-old Landon Payne.
[...]

http://www.kearneyhub.com/news/local...cc4c03286.html

**princessgrandma** · November 2nd, 2011, 05:57 PM

So, did she testify against the others or what?

**Dakota Valkyrie** · November 2nd, 2011, 06:11 PM

Originally Posted by princessgrandma

So, did she testify against the others or what?

She didn't have to. According to other reports earlier in this thread, they all pleaded "No Contest" so there were no trials. If she hadn't agreed to testify, they may not have gotten the pleas from the others.

**Dakota Valkyrie** · November 3rd, 2011, 06:31 PM

More detail on Katie Payne plea deal:

Katie Payne, the fourth and final defendant charged in the death of 4-year-old Landon Payne, sobbed so hard she convulsed as she hugged her attorney Wednesday morning after learning she would receive five years of probation.
[...]

Appearing before Judge Stephen Illingworth in Kearney County District Court Wednesday, Payne, 20, was sentenced to 90 days in jail, but that sentence was suspended.

Payne also was sentenced to five years' probation, with her performance to be reviewed once a year for the next two years. If she meets the court's requirements, which include 100 hours of community service and continued counseling, she won't have to serve the jail time.
[...]

"I know it could've been any one of us," she told Illingworth between sobs, apparently referring to abuse that occurred in the household she and Landon were part of and the fact that Landon was the one to die from it. "I live with that thought every day: Why did it have to be him?"

She was one of four adults charged in connection with the December 2009 death of Landon Payne.
[...]

The other three defendants all received maximum prison time allowable under the law when they were sentenced Sept. 20 in Kearney County District Court.
[...]

Guinan began his statement Wednesday by telling Illingworth how Payne's situation is different from the three other defendants.

"When the co-defendants appeared before the court, at that time I asked the court to take no pity," Guinan said. "At that time I also mentioned if anyone should receive mercy, the case before the court today should be granted mercy."

He said Payne came forward quickly to help the state obtain a conviction of the three other defendants.

Guinan and Garrelts both spoke about the fact that Katie Payne's childhood was similar to Landon's. She was the victim of neglect and abuse by her mother and stepfather and later her husband.

"These things weigh in mitigation in her favor," Guinan said.

Landon's death became a sacrifice for Katie and the seven other children who escaped the abusive conditions living with Scoville and the Turnells, Guinan said — and Katie must take that sacrifice seriously.

"If Katie is to defile the sacrifice Landon made for her by violating probation, the consequences will be swift and severe," he said.

Garrelts said at the time Landon was killed Katie was 18, had a 2-year-old son and was living with abusive parents and married to an abusive husband.

Payne lost custody of her son, but Garrelts said she did everything the Nebraska Department of Health and Human Services required to get her son back.

She divorced Scoville, separated herself from her family and moved out. She found a job, furthered her education, received domestic violence counseling and completed a parenting class.

Garrelts said Payne's goal is to provide for herself and her son, to learn from her mistakes and not repeat them.

"She has learned she does not want to live the way she was raised," Garrelts said. "She does not want her child to live the way she was raised."

Illingworth said he found Payne to be a suitable candidate for probation because she had been a neglected child and although that neglect and abuse had been reported to the state, the Department of Health and Human Services did nothing.

Testing conducted during the presentence investigation found her to be at low risk to reoffend.

"Miss Payne, I'm giving you this chance for the reasons outlined," Illingworth said. "If you don't abide by the terms of probation, upon resentencing I wouldn't be hesitant to send you to the Nebraska Department of Corrections."

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