Bedford man receives 85-year prison sentence for child molesation
Joshua J. Stevens, of Bedford, was sentenced to 85 years in the Indiana Department of Correction on Thursday, following the verdict of his trial for charges of child molestation in August.
Stevens was found guilty on five felony counts of child molestation by a jury on Aug. 25. Those five counts include three Level 1 felonies and two Level A felonies.
State's arguements
The State of Indiana, represented by Jennifer Tucker, sought a maximum consecutive sentence, with aggravating factors for all five charges, which would have equated to a sentence of 220 years in prison, with 10 years suspended for each count.
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Tucker argued that Stevens took advantage of his position of power in the situation which would constitute as an aggravating factor in his crimes, providing grounds to extend his sentence beyond Indiana’s maximum recommended term.
Tucker also argued that Stevens’ criminal history should serve as an aggravating factor in this case. Most notably, Stevens was charged with escape on Aug. 31. In that case, it is alleged that Stevens cut his ankle monitor device he is required to wear per the conditions of his pretrial release, and fled Lawrence County just before the start of his trial for the molestation charges. Stevens was arrested in Monroe County on Aug. 24 and charged with possession of a narcotic drug and possession of paraphernalia.
The victim, who previously testified she was molested by Stevens 90 times from 2012-2019 while she was younger than 12-years-old, provided a statement to the court that was read during the sentencing hearing, detailing the impact of the abuse on her life.
The victim said she initially suffered from bad anxiety and depression and struggled to speak with or trust others. Following the arrest of Stevens, she began to feel safe again and more comfortable around others, with her anxiety and depression beginning to subside.
Stevens' defense
Stevens was represented by Lawrence County Chief Public Defender Tim Sledd, who argued that Stevens’ criminal history should not be considered an aggravating factor in this case, as his record consisted of misdemeanor offenses that occurred prior to his offenses in this case and did not occur after.
Sledd also argued that the jury’s verdict was vague and did not specify which specific acts he was being found guilty of during the time windows provided for his charges, opening the possibility of Stevens being charged twice with the same crime.
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Stevens’ two Level A felony offenses were said to have occurred on Jan. 1, 2012. Two of his Level 1 felony charges were tied to offenses on July 1, 2014. Because these offenses are said to have occurred on the same day, but were not specified as separate offenses, Sledd argued that they should be merged, with Stevens only being sentenced for three offenses.
Sledd sought the court to recognize the unique relationship between Stevens and the victim as a mitigating factor in the case, saying that it was a special circumstance that would make his client unlikely to offend again.
Sledd requested the minimum sentence of 30 years for each offense, to be served concurrently for a total of 30 years.
Judge's ruling
After a recess, Lawrence County Superior Court I Judge John Plummer III told the court he had reviewed relevant Indiana case law and precedent on the matter, which informed him that the ability for the jury to distinguish between separate criminal acts in cases such as this, where the offenses take place over a period of time, comes down to the evidence provided to them that multiple criminal violations occurred.
In this case, Plummer said that the testimony of the victim, which attested to being molested by Stevens 90 times in the time frame of the charges, equated to enough evidence to distinguish the charges as separate acts, despite being tied to the same date.
Plummer also said that he felt Stevens was a “substantial” risk to reoffend, based on his violation of his release conditions.
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Plummer said previous Indiana court cases have provided precedent for crimes against children being viewed particularly negatively and as grounds for aggravated sentencing. In this case, Plummer described Stevens’ crimes as heinous.
“I think it’s all horrible. I think it’s all really disgusting behavior,” Plummer said during the hearing.
Ultimately, Plummer sentenced Stevens to 40 years for his first charge, 35 for the third and fifth and 45 years for the second and fourth. Stevens will serve his sentences for his first and second charges consecutively, with the others served concurrently, for a total of 85 years.
This article originally appeared on The Times-Mail: Bedford man receives 85 year prison sentence for child molesation
