Judge hands down sentence of nine years for sexual misconduct with a minor
/One morning in early August, a pool of jurors had assembled and various witnesses were set to testify in the trial of a man charged with sexual misconduct with a minor. Despite the preparations, the trial didn’t happen. That morning, the defendant decided to change his plea to guilty and yesterday in Greene Circuit Court, he was sentenced to nine years with three years suspended leaving him six years to serve.
Anthony Epeards was arrested in late January on a warrant issued as a result of an investigation by the Indiana State Police. Epeards, 29 at the time of his arrest, has a Bloomington mailing address, with home located on South Greene County Line Road.
In January, Trooper Robert Whyte responded to an administrator at a Greene County School in regard to a parent that wanted to report a possible sexual relationship between their 14-year-old daughter and a 29-year-old man. Indiana Department of Child Services (DCS) was contacted and an interview was scheduled at Susie’s Place.
During the forensic interview, the juvenile said she had been upset and depressed and sought council about her feelings from Epeards who was a family friend. The juvenile said she would visit Epeards and the conversations eventually turned into Epeards asking her about sex.
The juvenile alleged there were two incidents between Christmas of 2018 and mid-January of 2019 involving sexual intercourse and she said Epeards told her not to tell anybody.
Trooper Whyte submitted information to the Greene County Prosecutor’s Office and charges were filed. When a warrant was issued, Troopers Crozier and Wagner located Epeards and he was taken into custody. Trooper Whyte then transported Epeards to the Greene County Jail.
Epeards was charged with two counts of sexual misconduct with a minor, both Level 4 felonies, and one count of child solicitation, a Level 5 felony.
Epeards posted bond and was released from jail and the case then wound its way through the court system and a trial was on the Circuit Court docket for August 6. It was expected to last two days. A jury pool was assembled and witnesses were ready to testify when Epeards changed his plea and negotiated an agreement.
Yesterday, Tuesday, October 8, after a pre-sentence investigation by the Greene County Probation Department and an evaluation for alternative sentencing by Community Corrections, Epeards was back in court for a sentencing hearing.
With Judge Erik Allen presiding, Prosecutor Jarrod Holtsclaw representing the State and Public Defender Ellen Martin representing Epeards as a public defender, Epeards was convicted and sentenced on one count of sexual misconduct with a minor, a Level 4 felony. The other two counts had been dismissed.
The court found the fact that Epeards pled guilty and “to some degree” took responsibility for his actions was a mitigating factor, but the judge noted he didn’t change his plea until the morning of his jury trial which diminished the weight of this factor.
Regarding aggravating factors, the judge took his prior criminal history into account. It included criminal mischief and operating a vehicle while intoxicated.
In the sentencing order, Judge Allen wrote that substantial weight was given to the aggravating factor that Epeards was in a position of trust with a young victim, that he “knew the child had challenging home circumstances and struggled with depression. The young child confided in Defendant and he groomed and took advantage of her while she was in a vulnerable position.”
Judge Allen handed down a sentence of nine years with three years suspended. After Epeards serves his time in the Department of Corrections (DOC), he will spend the three suspended years on supervised probation. Epeards was given credit for six days already served.
Nine minus three sends Epeards to prison for six years. If Epeards is eligible to receive “good time credit,” under Indiana law, he must still serve a minimum of 75 percent of his time, which would be four and one-half years.
Following the sentencing hearing, Epeards was booked back into the Greene County Jail.