INDIANAPOLIS — An Indianapolis couple is facing charges of child neglect in the death of 5-year-old girl Kinsleigh Welty.
The mother, 29-year-old Toni McClure, is charged with murder, criminal confinement and battery. She faces sentencing enhancements for the victim being under 12, criminal confinement at the time of murder and that the child was tortured during the crime of murder. The prosecutor has filed for life without parole.
Ryan Smith, McClure's 27-year-old boyfriend, is charged with three counts of neglect and one count of criminal confinement.
“Kinsleigh suffered an unimaginable fate at the hands of those who were supposed to raise and protect her,” Marion County Prosecutor Ryan Mears said. “Today, we are on a path towards accountability for those who failed Kinsleigh thanks to the detectives and deputy prosecutors who have worked diligently together around the clock for the past several days.”
McClure and Smith had their initial court hearings Tuesday, April 16.
Police responded to a report of an unresponsive child in the 6500 block of Denver Drive, near State Road 67 and South High School Road, around 5:15 p.m. Tuesday, April 9. Officers said the girl, later identified as Kinsleigh, appeared to be malnourished and was taken to Riley Hospital for Children, where she was pronounced deceased.
The Marion County Coroner's Office said Kinsleigh's cause and manner of death are pending. Court documents say Kinsleigh's preliminary cause of death is likely to be ruled malnutrition, while her manner of death is likely to be ruled neglect.
Child abuse detectives began investigating her death at the scene and at the hospital, while workers from the Indiana Department of Child Services took custody of other children who were inside the home on Denver Drive.
According to court documents, detectives observed Kinsleigh's body after she died. The detective said it appeared Kinsleigh had feces stuck to the bottom of her feet and in her hair, as well as lice crawling on her face and in her hair. The detective also said Kinsleigh had what appeared to be bites or other unknown sores on her body.
Doctors at Riley Hospital for Children said Kinsleigh weighed more at 2 1/2 years old than what she weighed at 5 years old.
Investigators learned that for several months prior to Kinsleigh's death, for the majority of the time, Kinsleigh was confined to a closet.
Court documents say McClure admitted the following to detectives after previously giving them conflicting information:
- McClure said Kinsleigh's grandmother and Smith told McClure that Kinsleigh needed help and that the girl would die if McClure did not fix how she treated Kinsleigh.
- McClure claimed Kinsleigh hated her and had resentment toward her because Kinsleigh had previously been taken by DCS.
- McClure admitted that for at least the last few months, she had regularly put Kinsleigh in a back closet that detectives discovered was blocked by a dresser. Detectives said there were human feces on the carpet and walls of the closet, with what appeared to be small handprints. Detectives also found clothes that were heavily soiled, likely belonging to a female child.
- McClure said she knew the way she had treated Kinsleigh likely led to her death.
- McClure said she knew everything she had done to Kinsleigh was wrong, admitting that she had given up on and failed Kinsleigh.
Detectives then spoke with Smith, who allegedly said in the last three to four months, he saw Kinsleigh out of the closet only 10 times.
Smith allegedly told detectives he believes he should be punished but not to the same level or extent as McClure.
After discussing the investigation with the Marion County Prosecutor's Office, McClure and Smith were arrested.
On April 14, IMPD announced that it had arrested Kinsleigh's grandmother, Tammy Halsey, for neglect of a dependent on April 12.
Court documents say Halsey allegedly told co-workers that she would regularly watch Kinsleigh and would tie the girl to a bed while the grandmother slept because Kinsleigh would get into things at night.
Halsey allegedly said she knew McClure had been keeping Kinsleigh in a closet, but the grandmother never reported this to DCS because she did not want McClure to lose custody of her other children.
On April 17, prosecutors charged Halsey with confinement where the victim is under 14 years old.
"What we're alleging is that child spent the vast majority of their life confined to a closet where there was a baby gate set up, where there was a dresser put in front of a door to restrict that access and movement," Mears said.
Kinsleigh was known for her smile she'd rarely show.
The toddler and her brother once lived with Sarah Gessel for five months in 2021 before she said the court put Kinsleigh back in her mother's care.
"Two weeks after that is when the termination of parental rights was set to begin, which would have, again, no guarantee, but would have put us on the course for permanency for these two kiddos," Gessel said.
A little over three years later, that shy little girl who Gessel said brought so much love into her home was found dead.
"We weren't the only ones who loved her. There were other people. There were so many other people that loved her and her brother. It was just so preventable," Gessel said.
Previous neglect cases
Court documents confirm the Indiana Department of Child Services removed Kinsleigh from her parents' care in 2018 — when Kinsleigh was 3 weeks old.
Kinsleigh's foster mother at the time, who wishes to remain anonymous, told 13News that the girl was "healthy and happy" in her care.
In 2018, McClure and Kinsleigh's father were convicted of neglect after Mooresville police found 3-week-old Kinsleigh malnourished, and her mouth was dry, and her lips were pale. According to court documents, officers gave Kinsleigh a bottle of formula, and she ate like she had not eaten in some time.
Kinsleigh's foster mother said she had care of Kinsleigh during 2018, 2020 and 2021.
13News reached out to DCS to confirm the amount of times Kinsleigh was removed from her home, but a spokesperson said DCS was prohibited from commenting at this time.
"Certainly, it's difficult to figure out or maybe understand when DCS in the home that day and seeing the physical condition of that child when they arrived at the hospital, certainly raises a lot of questions," said Mears.
IMPD Chief Chris Bailey said his "heart breaks" over what the young girl went through and how she died.
"No human being, let alone a child, should be treated like she was. These alleged suspects, if convicted, should never step foot outside of a prison," Bailey said in a statement.
The chief also wrote that he was praying for the girl and that she "has found internal peace and for her siblings who will need a lot of love and care in the coming days, months, and years.”
Neighbors were shocked and saddened to hear the news of what happened to the girl.
"Me and my buddy went grocery shopping yesterday and came back and there were 10 cops here. We didn't know what was going on. Now that we know, that's messed up," neighbor Ian Hines said. "I wouldn't expect this to happen five blocks from my house."
Neighbors who spoke with 13News Wednesday afternoon said there are a lot of children in the community and they are sad to see one of them lose their life in this way.
"I had a very tough life. No child should ever have to go through neglect. I've been abandoned in my life. That's horrible," Hines said.
On April 12, City-County councilor Josh Bain released a statement demanding a full investigation into the case.
Child abuse and neglect resources
If you think a child is being abused or neglected, call the DCS Child Abuse and Neglect Hotline at 1-800-800-5556.
If you can, provide DCS with the following information:
- Who was involved
- What occurred
- When and where it occurred
- The extent of any injuries sustained
- Any other relevant information
Even if you don't know all that information, DCS urges you to call and report if you suspect a child is a victim of abuse or neglect. State law requires DCS to protect the identity of those reporting abuse or neglect allegations, so you can remain anonymous.
There is more information available at the Indiana Department of Child Services website.
If you would like to help victims of child abuse and neglect, Kids' Voice of Indiana has a Court-Appointed Special Advocate program. This lets volunteers advocate for child victims who don't have another trusted adult to stand up for them. You can learn more about the CASA program here. Kids' Voice estimates more than 3,100 kids in Marion County need help from a CASA volunteer.