A Linton Police Department investigation resulted in the arrest of a Linton man for child molesting and other crimes last March. In September, a jury found him guilty. Last week in Greene Circuit Court, he was sentenced to 40 years in prison.

Thomas Aaron Hatcher, mug shot at the time of his arrest last March 2020

Thomas Aaron Hatcher, 40, Linton, was 39 at the time of his arrest by Officer John Agan of the Linton Police Department on Wednesday, March 11, following an LPD investigation into accusations that Hatcher had taken pornographic photographs of a child and had engaged in inappropriate touching.

When Hatcher appeared before Judge Erik Allen in Greene Circuit Court on March 16, he was charged with:

Two counts of child molesting – fondling or touching with child under the age of 14, both Level 4 felonies, and
Five counts of possession of child pornography with an aggravating factor, all Level 5 felonies.

Background

When Hatcher was charged, LPD Officer Agan, the lead investigator, said the investigation began on March 10 after a report was made to the Linton Police Department that there were photographs of a private area of a child’s body on Hatcher’s cell phone. Another adult saw the photographs when they were looking at other photographs on Hatcher’s phone. The adult showed the photos to a second adult, and police were contacted. One or more of the photographs showed the child’s face and the two adults recognized the child.

Interviews were conducted with the two adults and with Hatcher who denied taking the photos and denied knowing they were on his phone.

The next day, when the child was interviewed at Susie’s Place in Bloomington, the child was able to describe what had happened and shared information on several incidents which included inappropriate touching as well as the taking of photographs.

When Hatcher was interviewed again, he first denied taking the photos and inappropriate touching. After he was confronted with evidence and facts by LPD Sgt. Logan Hobbs, who also assisted in this investigation, Hatcher allegedly admitted taking photographs at least five different times and touching the child inappropriately on two separate occasions.

Hatcher was taken into custody at that time. His bond was set at $80,000 surety with ten percent cash allowed. Hatcher’s defense filed a motion to reduce the amount of his bond and a hearing was conducted but in late March, the motion was denied and Hatcher has been in the Greene County Jail since the day of his arrest.

In August 2020

With the criminal case against Hatcher headed to trial in September, the prosecution filed a motion to dismiss four counts of child pornography leaving Hatcher facing trial by jury for three counts:

Child molesting – fondling or touching with child under the age of 14, a Level 4 felony,
Child molesting – fondling or touching with child under the age of 14, a Level 4 felony, and
One count of possession of child pornography with an aggravating factor, a Level 5 felony.

In September 2020

Hatcher’s trial by jury was conducted starting on September 21, continuing through September 23. The first day, for jury selection, was at the Greene County Event Center at the Greene County Fairgrounds – a location selected to allow for greater social distancing during the pandemic. After jury selection, the trial reconvened at the Courthouse in Bloomfield for the second day.

Twelve jurors were selected along with two alternate jurors. Following opening statements, evidence was presented by Greene County Prosecutor Jarrod Holtsclaw, with LPD Officer John Agan present to assist. The defense did not present any evidence, but both prosecution and defense gave closing arguments.

When the jury returned from deliberations, they returned verdicts of guilty on all three counts.

Prosecutor Holtsclaw had requested two sentence enhancements. One was for being a repeat sex offender and the other was for being a habitual offender. Following Hatcher’s conviction, arguments could have been made to the jury to approve or deny the enhancements, but Hatcher admitted to the enhancements. The jury was dismissed and the Court found Hatcher to be a repeat sex offender and an habitual felony offender. The prosecution and defense agreed to a two-year enhancement for the repeat sex offender enhancement but no other agreements were made on sentencing.

In November 2020

Last Wednesday, November 4, Hatcher came before Judge Erik Allen in Greene Circuit Court to be sentenced.

In handing down Hatcher’s sentence, Judge Allen listed the mitigating and the aggravating factors that were considered. Judge Allen said he found the aggravating factors far outweighed the mitigating factors and this weighed heavily in favor of the sentences he pronounced.

There was one mitigating factor. It was that Hatcher had significant trauma during his childhood. To address the issues, Hatcher had access to mental health services over a long period of time but he continued to consistently violate the law and posed a threat to the community.

There were four aggravating factors. The first was Hatcher’s extensive criminal history. Hatcher’s convictions range over a number of years. Indiana Department of Corrections records indicate Hatcher has served time in prison for the following convictions:

Child molesting, a Class C felony in Jefferson County in 1999,
Three convictions for forgery/counterfeiting, all Class C felonies in Jefferson County in 2006,
Failure to register as a sex offender, a Class D felony in Allen County in 2006,
Failure to register as a sex offender, a Class C felony in Lawrence County in 2009,
Domestic battery, a Level 6 felony in Greene County in 2017, and
Battery against a law enforcement officer, a Level 6 felony in Greene County in 2017.

Other convictions in various counties that were listed in the sentencing order in addition to the above included:

Operating a vehicle without ever receiving a license, a Class C misdemeanor,
Operating a vehicle while intoxicated, a Class C misdemeanor,
Disorderly conduct, a Class B misdemeanor,
Resisting law enforcement, a Class A misdemeanor,
Driving while suspended, a Class A misdemeanor, and
Criminal trespassing, a Class A misdemeanor.

In the sentencing order, Judge Allen wrote that Hatcher’s criminal history was a significant aggravator due to the consistent nature of his criminal conduct over time and the widespread area where he has committed crimes, all of which indicates a total disregard for the Rule of Law. He also said it indicates poor character and a high likelihood he will reoffend.

The second aggravating factor was the fact that Hatcher was on parole when the current offenses occurred and that he had violated his probation twice. The order stated that Hatcher’s extensive history of criminal convictions had proved that shorter term incarceration with suspended time to serve on probation had not been effective at prohibiting criminal conduct.

The third aggravating factor was another extensive list of criminal charges that did not result in convictions. Although they cannot be considered prior criminal history, they were prior contacts with the criminal justice system that did not deter criminal behavior.

The fourth aggravating factor was that Hatcher was the step-father of the victim and he was in a position of having care, custody and control over the young victim. Judge Allen wrote that he gave this factor very heavy weight.

Sentencing

On Count 1 of child molesting, a Level 4 felony: Ten years in prison with no time suspended. Hatcher was given credit for 239 days already served. For the habitual felony offender enhancement, Hatcher was given 18 years. That’s a total of 28 years in prison on Count 1.

On Count 2 of child molesting, a Level 4 felony: Ten years in prison with no time suspended. For the repeat sex offender enhancement, which applied to Count 2, Hatcher was given two years. That’s a total of 12 years on Count 2.

On Count 3 of possession of child pornography, a Level 5 felony: Five years in prison with no time suspended. That’s a total of 5 years on Count 3.

Judge Allen specified that sentences for the first two counts would be served consecutively (one after the other) and the sentence for the third count would be served concurrently (at the same time) as the sentence for the second count.

These sentences equate to 40 years in prison.

If he is eligible and is given good time credit, he would still have to serve a minimum of 75 percent of his sentences, or 30 years.