Take this case, No. 31D01-1008-FB-634. The person in that case was charged with Aggravated Battery, with injuries causing protracted loss or impairment, a B Felony, Neglect of a Dependent resulting in Serious Bodily Injury, a B Felony, and Neglect of a Dependent where the dependent put in a situation endangering his life, another D Felony. If this were to have gone to trial, the person could have received up to 46 years in prison.
That may be a bit technical, so here is what the Indiana State Police said at the time:
A three month old child was taken to the Harrison County Hospital and then transferred to the Kosair Children's Hospital in Louisville, KY with what preliminarily appeared to be non-accidental head trauma.This was serious head trauma to a three month old baby. Let's repeat: serious head trauma. A person that engages in acts that cause a defenseless three month old baby serious head trauma deserves severe punishment.
Otto Schalk disagreed with severe punishment for a person engaged in a horrible case of child abuse. His office signed a plea agreement dismissing the two most serious charges, with a plea to the least serious charge. What did he get? Time served- 112 days. That for serious child abuse. In fact, Otto Schalk also agreed to allowing him to have contact with children before the case was even over. That is a serious lack of judgment.
If giving a sweetheart deal to someone engaged in serious child abuse wasn't bad enough, the same person was arrested on A Felony meth charges a few months later. And in another classic Otto Schalk move, the same person got a plea deal where he served only about 10% of the maximum sentence he could have gotten. That is not right. It is either incompetence or laziness. Because, remember, plea agreements are up to the Prosecutor alone. A Judge may only accept or reject them.
We need a Prosecutor that will not treat serious child abuse cases with such disregard. We need a Prosecutor that will not create a revolving door system for criminals. We need a new Prosecutor on November 4.
Otto Schalk's Record |
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