Guilty plea in murder of boy, 3

Already convicted and sentenced in the beating death of a 3-year-old boy, a Roxborough man pleaded guilty Monday to third-degree murder in the same crime.

Joseph Zysk's unusual legal situation is the result of a split verdict last April by a Philadelphia Common Pleas Court jury, which found him guilty of involuntary manslaughter, but could not reach a verdict on the more serious charge of third-degree murder, in the Jan. 15, 2011 death of Jason Larkin Jr.

Assistant District Attorney John O'Neill was preparing for the retrial on the third-degree murder count when Zysk, 31, and defense attorney Evan T.L. Hughes announced the decision to plead guilty.

Judge J. Scott O'Keefe said he would sentence Zysk on Thursday, which could add 20 to 40 years to the five to 10 he received last May for involuntary manslaughter.

Zysk's family and that of the dead child were present for the guilty plea.

Jason's death occurred in the Roxborough house of Zysk's mother, where the railroad lineman was living. That night, Zysk and his 3-year-old daughter as well as girlfriend Danieala Gonzalez and Jason were staying over.

Gonzalez and Zysk were drug addicts who had met in rehab. Earlier that day, they had used heroin.

Zysk testified at trial that, frustrated because he was sleepless and because Jason would not stop crying, Zysk "thumped" the child two or three times in the side sometime between 2 and 3 a.m.

An autopsy showed the blows pushed Jason's liver against his spine, cutting the organ and causing him to bleed to death.

Zysk said he knew he hurt the 3-foot-tall, 40-pound boy, but did not believe the injury was serious enough to warrant a visit to the hospital.