Mistrial declared in murder case of mother accused of 5-year-old daughter’s death
As of Tuesday afternoon, a mistrial has been declared for Toni McClure, the mother charged with murder in the death of her 5-year-old daughter, Kinsleigh Welty.
McClure, 31, was arrested and charged with murder, criminal confinement, and battery of a person under 14 following the girl’s death in April 2024.
Officials say McClure admitted to police that for several months she had been keeping her daughter locked in a closet in her mobile home and was extremely malnourished. Doctors say the girl weighed more at 2½ years old than she did when she died.
Marion County Prosecutor Ryan Mears told WRTV that a mistrial was declared “because of inappropriate communications between a juror and a witness.”
The first day of McClure’s trial was Monday, and some jurors visibly fought back tears as they viewed photos from the autopsy of a five-year-old girl. Jurors heard from the first police officer and firefighter on the scene, a detective, and a crime scene technician who processed the scene, and from the doctor who supervised Welty’s autopsy.
“This outcome derails months of preparation by the parties and delays justice for Kinsleigh and her loved ones. We remain committed to presenting this case again and securing the justice she deserves.” Mears said.
Brian Welty, Kinsleigh’s grandfather, shared a statement with WRTV in response to the mistrial:
“We were shocked to hear that Toni’s trial would be a mistrial. From what I understand is there was a juror talking to a witness during lunch break. I immediately thought she (Toni) would be let go but quickly found out the trial will be reset. The trial has been rescheduled for 8/22/26. This has been a grueling process but I would much rather have this come out now, so not to be part of an appeal or something even further down the road in this trial. The judge gave them and everyone very strict guidelines on this behavior and repeated multiple times throughout the trial. I feel sickened that someone would be so reckless doing something that could potentially have a huge impact on the outcome of this trial.”
Online court records indicate the trial has been rescheduled for August 24, 2026.
