Pending-case notice: Toni McClure, Ryan Smith, and Tammy Halsey remain listed as charged. A mistrial is not a conviction or an acquittal, Smith's and Halsey's plea agreements remain under advisement, and every defendant is presumed innocent unless and until a court enters a judgment.
Kinsleigh Welty was five years old when emergency personnel found her unresponsive at an Indianapolis home on April 9, 2024. She was taken to Riley Hospital for Children and died that evening. Reporting based on police and court records described severe malnutrition and prolonged confinement. The allegations concern sustained neglect rather than a single brief event, and they form the basis of the pending criminal proceedings. [WRTV](https://www.wrtv.com/news/local-news/crime/5-year-olds-grandmother-accused-of-tying-her-to-bed-duct-taping-her)
Prosecutors charged Kinsleigh's mother, Toni McClure, with murder, criminal confinement, and battery of a person younger than 14. They also charged McClure's then-boyfriend, Ryan Smith, and Kinsleigh's grandmother, Tammy Halsey, with neglect-related offenses. Because these allegations remain subject to criminal adjudication, the people entries identify each defendant only through a documented legal role and do not present the prosecution's account as a verdict. [Court TV](https://www.courttv.com/news/do-your-duct-tape-thing-messages-detail-abuse-against-kinsleigh-welty/)
In late 2025, Smith and Halsey entered agreements to plead guilty to Level 1 felony neglect of a dependent resulting in death in exchange for proposed 20-year sentences and cooperation in McClure's case. WRTV reported that the court took both agreements under advisement pending resolution of McClure's prosecution. [WRTV](https://www.wrtv.com/news/local-news/crime/mothers-boyfriend-accepts-20-year-plea-deal-in-death-of-5-year-old-kinsleigh-welty)
McClure's jury trial began on June 22, 2026. The next day, the judge declared a mistrial after inappropriate communication between a juror and a witness. The Marion County prosecutor said the state intended to present the case again, and online court records placed McClure's retrial on August 24, 2026. That setting remains subject to change. A mistrial is neither a conviction nor an acquittal, so McClure remains listed as charged and the case remains ongoing. [WRTV](https://www.wrtv.com/news/local-news/crime/mistrial-declared-in-murder-case-of-mother-accused-of-5-year-old-daughters-death)
The criminal proceedings and a separate civil complaint concerning child-welfare contacts may develop further. This account avoids conclusions about individual guilt until the courts enter final judgments.
Kinsleigh Welty was found unresponsive at an Indianapolis home and died at Riley Hospital for Children.
2025-12
Ryan Smith and Tammy Halsey agreed to conditional guilty pleas on neglect-resulting-in-death charges.
2026-06-22
Toni McClure's murder trial began in Marion Superior Court.
2026-06-23
The judge declared a mistrial following improper communication between a juror and a witness.
2026-08-24
McClure's retrial is scheduled to begin in Marion Superior Court, according to online court records reported by WRTV; the future setting remains subject to change.
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Titles and descriptions are the creators’ own and may not reflect current legal status; see the dossier above for sourced case facts.
VIDEO
Annie Elise / 1 min
Who Failed 5-Year-Old Kinsleigh Welty?
People
Ryan Smith
CHARGED
Entered a conditional agreement to plead guilty to neglect of a dependent resulting in death; the court took it under advisement, so no final judgment is represented here.
Kinsleigh Welty
VICTIM
Five-year-old child whose death led to murder and neglect prosecutions
Tammy Halsey
CHARGED
Entered a conditional agreement to plead guilty to neglect of a dependent resulting in death; the court took it under advisement, so no final judgment is represented here.
Toni McClure
CHARGED
Charged with murder, criminal confinement, and battery; her first trial ended in a mistrial and a retrial is scheduled for August 24, 2026. She is presumed innocent unless convicted.
Roles reflect public records and court outcomes at the time of writing — supporting citations are on file under Sources.
Five-year-old Kinsleigh Welty died from severe neglect and malnutrition in Indianapolis in April 2024; multiple adults were charged, and her mother's first murder trial ended in a mistrial.
