Murder charge is set aside

A former Pound man has pleaded guilty to felony child abuse in the death of one of his infant sons.

However, a charge of felony murder in the case has been taken off the table because of conflicting opinions about the evidence.

According to court documents, Franklin Len Mullins pleaded guilty Dec. 3 to the abuse charge regarding the death of son Franklin at three months old in June 2015. He was sentenced to 10 years in prison, with all but two and one-half years suspended. After his release, Mullins will face four years of supervised probation.

According to a Dec. 3 court order, prosecutors asked the court to render the murder charge “nolle prosequi,” meaning it will not be pursued but it could be reinstated if circumstances warrant doing so.

In the order, prosecutors explained: “There exists a significant and material disagreement between the two Commonwealth’s medical expert witnesses expected to testify at trial. The difference in opinion renders the Commonwealth’s medical evidence in a state which lacks clarity as it pertains to the charge of felony murder.”

In August 2016, a grand jury indicted Mullins, 45 at the time. Evidence indicated the cause of his son’s death was e. Coli bacteria in his lungs.

Mullins still faces child abuse and murder charges in the death of his other infant son Ryan. He was arraigned in July 2016. Ryan Len Mullins died in August 2015.