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Dad Guilty Of Second Degree Murder

A jury has convicted James Marslender of second degree murder for the death of his five year old son. The same jury has also found him guilty of drunk driving. The Judge sentenced him to between 12-15 years in prison.

Maslender's defense attorney Ed Bailey immediately asked for a new trial but was denied.

Marslender was on trial this week after his 5-year-old son, James Marslender II, died in the September crash.

The accident happened on Lejeune Boulevard, near the Camp Lejeune main gate when the man's pickup truck struck a tree. Police said the child was not properly restrained and suffered severe head trauma.

The jury got the case around 12:15 p.m. and came back with the verdict shortly after 4:30 p.m.

Stay with WITN News and witn.com for more on this developing story.


Previous Story

Jurors are now deliberating the fate of a dad accused of killing his young son.

Tears dripped down James Marslender's face as his lawyer recounted when his young son died in a DWI crash last year.

Marslender faces second-degree murder, driving while impaired, and speeding charges after his 5-year-old son, James Marslender II, died in the September crash.

The accident happened on Lejeune Boulevard, near the Camp Lejeune main gate when the man's pickup truck struck a tree. Police said the child was not properly restrained and suffered severe head trauma.

During closing arguments to jurors this morning, defense attorney Ed Bailey said Marslender told his son, "Hold on James, hold on." Bailey told jurors no one during the trial has said Marslender was impaired. "The rain brought it on, the highway brought it on, the slick shoulders brought it on, the tree brought it on," said Bailey.

But prosecutors say any way you want to define it, the crash was no accident. "His son died because his father made a deliberate choice," Assistant District Attorney Jamie Askins told the jurors. "Those beers were not accidentally consumed."

Jurors began their deliberations around 12:15 p.m. If convicted Marslender could get 12 to 15 years in prison.


Previous Story

The trial of a Hubert man accused of killing his young son in a DWI crash last year is underway in Onslow County.

James Marslender faces second-degree murder, driving while impaired, and speeding charges after his 5-year-old son, James Marslender II, died in the September crash.

The accident happened on Lejeune Boulevard, near the Camp Lejeune main gate when the man's pickup truck struck a tree. Police said the child was not properly restrained and suffered severe head trauma.

Marslander has been free on a $30,000 bond. Jury selection was completed right before lunch and opening statements began this afternoon.


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