FILED May 05 2020, 8:51 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE William D. Dillon Curtis T. Hill, Jr. Dove & Dillon, P.C. Attorney General North Vernon, Indiana Sierra A. Murray Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA John Yeager, May 5, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-121 v. Appeal from the Jefferson Circuit Court State of Indiana, The Honorable Appellee-Plaintiff Donald J. Mote, Judge Trial Court Cause No. 39C01-1911-F3-1322 Vaidik, Judge. Case Summary [1] The State charged John Yeager with four Level 3 felony offenses, alleging that he battered the two-year-old son of his girlfriend. After the trial court set bail at $250,000 cash only, Yeager filed a motion to reduce his bail. Although the Court of Appeals of Indiana | Opinion 20A-CR-121 | May 5, 2020 Page 1 of 10 pretrial director recommended that Yeager be released to pretrial supervision with the added condition of electronic monitoring and Yeager presented evidence that he had no criminal history besides underage drinking, lived in the area his whole life, lived in the same house (which he was buying) for twelve years, had a job to which he could return, and had a good relationship with his family (who also lived in the area and was supportive of him), the court denied his motion. Yeager now appeals. [2] Because Yeager presented evidence of substantial mitigating factors showing that he recognizes the court’s authority to bring him to trial and there is no evidence that Yeager poses a risk to the physical safety of the victim or the community, we find that the trial court abused its discretion in denying Yeager’s motion to reduce his $250,000 cash-only bail. We therefore reverse the trial court and remand with instructions that Yeager be released to pretrial supervision with the added condition of electronic monitoring. Facts and Procedural History [3] On November 14, 2019, the State charged Yeager with Level 3 felony aggravated battery, Level 3 felony battery on a child less than fourteen years old, Level 3 felony domestic battery, and Level 3 felony neglect of a dependent, accusing him of battering J.G., the two-year-old son of his girlfriend. The trial court issued a warrant for Yeager’s arrest and ordered that he be held without bail until his initial hearing. Court of Appeals of Indiana | Opinion 20A-CR-121 | May 5, 2020 Page 2 of 10 [4] The initial hearing was held on November 18. According to the Jefferson County Pretrial Assessment Report filed that day, Yeager’s Indiana Risk Assessment Score (IRAS) was “0 (Low).” Appellant’s App. Vol. II p. 40. The Jefferson County Pretrial Director recommended that Yeager “be released to pretrial supervision with the added condition of electronic monitoring.” Id. The trial court, however, set Yeager’s bail at “$250,000 cash only.” Id. at 55. The court also issued a no-contact order for J.G. Id. at 48-49. [5] The next day, Yeager filed a motion to ...
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