A Marion County jury convicted a mother and her boyfriend in the death of the mother’s 1-year-old son.
Elijah Polk was found dead at his home on Oct. 29, 2014, and the cause of death was later determined to be blunt trauma force to his abdomen, according to a statement issued Wednesday by Prosecutor Terry Curry. Frank Larkins and Diamond Miller were charged.
Larkins, Miller’s boyfriend, was responsible for Elijah’s care. The child didn’t eat, vomited and moaned in his sleep in the hours before he died. Curry’s statement says Elijah likely would have survived had he received medical attention, and his history of injuries suggested prior abuse.
A jury in Marion Superior Court 6 found Larkins guilty of felony aggravated battery and two counts of neglect of a dependent resulting in death, all Level 1 felonies, and battery resulting in death of a person younger than 14, a Level 2 felony. Miller was convicted of Level 1 felony neglect of a dependent causing death. The Level 1 charges carry a maximum penalty of 40 years in prison. Sentencing is scheduled for Sept. 23.