Elwood man pleads guilty to neglect of a dependent resulting in death
Dec. 21—ANDERSON — An Elwood man has entered a guilty plea to neglect of a dependent resulting in death, but he still faces a murder charge in the case.
Jacob Stephen Wootton, 29, pleaded guilty Monday in Madison Circuit Court Division 1 to the Level 1 felony charge in the 2019 death of 23-month-old Ryder Stephen.
Defense attorney Mark Nicholson said there is no plea agreement with the state on any charges, and that Wootton wants to plead guilty to the neglect charge and two misdemeanor charges of possession of marijuana and possession of paraphernalia.
Circuit Court 1 Judge Angela Warner Sims set sentencing on the guilty pleas for Feb. 18.
In a Nov. 30 email, Deputy Prosecutor Jesse Miller said Wootton could plead guilty to any of the charges, but there is no plea offer on the murder charge.
"My client can't plead guilty to murder for something he didn't do," Nicholson said Monday.
He said he hoped that by pleading guilty to the neglect of a dependent, the state would dismiss the murder charge.
"There is no offer from the state," Judge Sims reiterated.
She has not set a trial date for Wootton on the murder charge,
When Miller read the factual basis for the guilty plea on the neglect charge in court Monday, the cause of death was stated as multiple blunt force trauma.
Wootton denied the allegation of blunt force trauma, which is part of the murder charge.
Nicholson stated the child, Wootton's stepson, died while in his client's care. On Oct. 29, 2018, Wootton placed the boy in a bathtub. He left the bathroom, heard a noise and discovered the child had fallen.
Wooten testified that he was on drugs at the time and that if not for the drug use, he would not have left the child alone.
Miller said the coroner's office determined the injuries Ryder suffered were not consistent with a fall.
When asked by Judge Sims, Wootton said Ryder suffered injuries before the fall.
Alyson Stephen, who was married to Wootton at the time, is charged with neglect of a dependent resulting in death. No trial date has been set for her.
The couple has since divorced.
Ryder was found unresponsive while in Wootton's care, according to an affidavit of probable cause by Detective Ben Gosnell.
Alyson Stephen told police she put Ryder in the infant bathtub while she got ready for work and left him with Wootton when she went to work. She said she was at work when Ryder was taken to the hospital.
Elwood police officer Jerry Branson said the toddler was not breathing and was cold to the touch when he arrived at the residence.
Branson performed CPR on Ryder, who was taken to Ascension St. Vincent Mercy Hospital before being transported to Riley Hospital for Children in Indianapolis.
Riley doctors pronounced the toddler dead three days later.
During Ryder's autopsy, Dr. Chris Poulos, chief physical pathologist for the Marion County coroner, found multiple bruises on Ryder's head and body, Detective Gosnell said in his affidavit.
Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.
