BILLINGS — A jury found Kristopher Michael Harasymczuk guilty of deliberate homicide, assault of a minor and tampering with evidence in the death of the stepson, Jaxsynn Gatlin.
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"We've met with the family and we believe that that was the right verdict for this case," said Amanda Tiernan, Yellowstone County senior deputy county attorney. "They're processing still. This has been a long time coming for the family, and this is the best news that they could have received given the circumstances."
Jurors deliberated for under four hours before reaching the verdict.
"They heard that expert opinion from both the defense expert and the state's expert, Dr. Kurtzman, who talked about the cause of this child's death," Tiernan said. "They both agreed that this child was physically abused, and that was very powerful, I think, to the jury."
There is no word yet on the sentencing date.
(1st REPORT) On Wednesday, defendant Kristopher Michael Harasymczuk, 40, took the stand in Yellowstone County District Court during the last day of his trial for the death of his young stepson.
Harasymczuk faces charges, including deliberate homicide, after allegedly drowning his 4-year-old stepson, Jaxsynn Gatlin, in a bathtub full of extremely hot water in October 2021. Harasymczuk was mostly calm as he was questioned by both defense attorneys and prosecutors.
"Did you cause the death of Jaxsynn?" defense attorney Penelope Strong asked Harasymczuk.
"No, I did not," Harasymczuk answered.
“Did you love Jaxsynn?" Strong asked.
"I loved him with all my heart,” Harasymczuk said.
Yellowstone County District Judge Colette Davies is presiding over the case.
Yellowstone County prosecutor John Ryan followed with questioning Harasymczuk.
The prosecution alleged Harasymczuk abused Gatlin, his mother and her other two sons. They also state he tampered with evidence by getting rid of spatulas that prosecutors claim Harasymczuk used to spank the boys.
"I think you'd note that there appears to be a phone missing in that image. And I have exhibit 36, please. And there is now a spatula missing," Ryan said while showing photos of the bathroom to the jury.
Harasymczuk said he never hit the kids, aside from spanking one of the boys with his hand. He also said he and Gatlin's mom would argue, but he did not abuse her.
The trial moved to closing arguments in the afternoon.
“You heard Jaxsynn was beat with a spatula. He was kicked to the floor. He was slapped in the face. He was placed in hot water. That was a series of assaults independently and collectively constitute an assault on a minor of Jaxsynn Gatlin,” Yellowstone County prosecutor Amanda Tiernan said during her closing statement. "The defendant wasn't in that bathroom to lend a helping hand. The defendant was in there to exert his control. Jaxsynn is heard yelling, 'Hot, hot.' He is screaming for his mother.”
The medical examiner's report indicated several possible factors for the little boy's death, noting brain swelling caused by possible drowning, hyperthermia and blunt force trauma to the head.
“Jaxsynn very well could have lost consciousness and drowned as a result, but that's still on the defendant. You will find the defendant guilty beyond a reasonable doubt of tampering, assault on a minor, of Zaria and homicide of Jackson Gatlin. Thank you," Tiernan said to the jury.
The defense argues that Harasymczuk did not drown or beat the 4-year-old, but other medical ailments, such as a virus and fever, caused his death.
“We want to remind you that this gentleman's freedom is at stake. That's why we have the presumption of innocence…We hope you will take sufficient time to decide this case. We ask you to acquit Mr. Harasymczuk on all charges. Thank you,” Strong said to the jury.
The jury went to deliberate at 4 p.m. and as of 6:30 p.m. had not come back with a verdict.
