Court to determine whether charges in murder case are ‘allied offenses’

Last updated: March 26. 2014 9:20PM - 2001 Views
Amber Gillenwater agillenwater@civitasmedia.com

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GALLIPOLIS — A Gallia County woman sentenced to prison in 2010 for the murder of her infant son will again appear in Gallia County Common Pleas Court on Thursday to determine whether the charges are allied offenses.

Kansas D. Grube, 28, currently incarcerated in the Ohio Reformatory for Women in Marysville, Ohio, is scheduled to appear at 10:30 a.m. Thursday after her sentence was partially affirmed and partially reversed by the Fourth District Court of Appeals, and remanded back to common pleas court for further proceedings.

According to documents filed and signed by Judge D. Dean Evans, the hearing is for a “determination as to whether the Defendant’s convictions were based on a single act or whether they involved a separate animus for each conviction.”

Grube, who was charged in Gallia County Common Pleas Court with aggravated murder, murder and endangering children, maintained her innocence throughout court proceedings following the death of her infant son on Feb. 12, 2010.

Two-and-a-half month old Jaxson Grube, who is identified within court documents as “J.G.,” was found unresponsive by EMTs who arrived on scene at the Grube home on Ohio 218 at approximately 11 p.m. Feb. 12, 2010.

Initially, the infant was thought to have suffered from Sudden Infant Death Syndrome due to the lack of any outward physical abnormalities, but after an autopsy — a standard procedure in the death of an infant — two skull fractures were found on the child’s head. One fracture was located above the left ear and the other on the back of the skull.

The fractures were sustained from an “unusual amount of force,” according to expert witness testimony at trial.

Grube was subsequently convicted of aggravated murder and child endangerment after a three-day jury trial in 2010. She was sentenced to life in prison without the possibility of parole, along with an additional eight years on the child endangerment charge.

Thursday’s hearing will determine whether the aggravated murder and child endangering charges are allied offenses — or the result of one act of the defendant — and whether the two charges must be combined for the purposes of sentencing.

Grube, who was will be represented by local counsel during the hearing, will appear with her court-appointed attorney Barbara Wallen.

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