By JEFF FARRELL

Staff Writer

SEVIERVILLE — A Gatlinburg woman and her boyfriend could face murder charges in their April 7 trial in the death of her child after a judge refused Tuesday to throw out their indictments.

Kimberly Biggerstaff and Rico Benitez are charged with first-degree murder and aggravated child abuse or neglect in connection with the death of 4-year-old Kayleigh Brianna Biggerstaff. They are being held at the Sevier County Jail in lieu of $1 million bond.

Kayleigh Biggerstaff died Feb. 26; officials later said she died of blunt force trauma to her stomach. An autopsy showed she died of ruptured bowels. Officials have said it appeared she had been beaten.

In addition to setting the trial date Tuesday, Circuit Judge Rex Henry Ogle overruled a defense motion to toss out the indictments, but acknowledged concerns that would have to be addressed at some point.

The defense attorneys argued the indictments do not specify whether their clients are being charged with causing the child’s death through neglect or abuse — a distinction they’d like to have cleared up before the case goes to trial.

“We don’t know if we’re defending (the accusation that) ‘you didn’t take this child to the hospital for treatment,’ or ‘you punched this child in the stomach,’” said Public Defender Ed Miller, who is representing Kimberly Biggerstaff.

Ogle noted the confusion came from the charge itself, not the wording of the indictments.

“I can’t say I disagree with your concerns, but I think they’ve met the standards of the statute,” Ogle said.

The court will address additional motions Feb. 17.

jfarrell@themountainpress.com