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State rests case in trial Billings man accused of beating and drowning stepson

Kristopher Harasymczuk
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BILLINGS — The trial of Kristopher Harasymczuk, who is charged with deliberate homicide in the death of his 4-year-old stepson, entered its sixth day on Monday with the state resting its case.

Harasymczuk is accused of drowning Jaxsynn Gatlin in a bathtub full of extremely hot water in October 2021. He is also facing charges of assaulting the boy's older brother.

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State rests case in trial Billings man accused of beating and drowning stepson

On Monday morning, Yellowstone County prosecutors John Ryan and Amanda Tiernan wrapped up their case with a final witness testimony from Billings Police Det. David Raschkow.

"By (early in the house call), we knew that Jaxsynn had been declared deceased so it was a death investigation," Raschkow said about how the process of their investigation was handled.

After lunch, the defense got started with their opening statements, handled by Defense Attorney Lyndon Schevek.

"Now, the state just got done telling you that Kris possibly drowned Jax," Schevek said. "But that's not what happened. What this case is really about is a blended family, general denial and the partner-family member assault card."

Schevek argued that the boy's other medical ailments led to his death. According to the medical examiner's report, several possible factors could explain the boy's death, including brain swelling caused by possible drowning, hypothermia and blunt force head trauma.

"Having a kid that is autistic is extremely difficult," Schevek said. "It's not like your average child."

Following Schevek's opening statement, the defense called forward their first witness: pediatric specialist Dr. Stephen Guertin, who gave an overview of the boy's condition.

"He had bruising and marks – some of which were innocent – and he had bruising and marks, which to me indicate at one point he had been slapped,” Guertin said.

The trial is expected to conclude Wednesday, with Harasymczuk facing up to life in prison if convicted of deliberate homicide.

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