Indiana Appeals Court affirms Wootton's 52-year sentence

Ken de la Bastide, The Herald Bulletin, Anderson, Ind.
·2 min read

Feb. 6—ANDERSON — The Indiana Court of Appeals has affirmed the 52-year sentence of an Elwood man in connection with the death of his son in 2018.

Last week the court upheld the sentence imposed last year on Jacob Wootton by Madison Circuit Court Division 1 Judge Angela Warner Sims.

During the court hearing, Wootton entered a plea of guilty to being a habitual offender and received an additional 12-year sentence.

Sims ordered an executed sentence of 40 years on the neglect of a dependent resulting in death charge and the added habitual offender term, with all 52 years to be served.

His wife, Alyson Stephen, was sentenced by Sims last September to serve 35 years.

The opinion written by appellate Justice Rudy Pyle noted that during sentencing, Judge Sims said it was "a sad day ... a very tragic day."

"Today is about justice," Sims said at sentencing. "Unfortunately, I've seen other cases where a child died at the hands of a parent. They failed in their responsibility."

In his appeal, Wootton contended that Judge Sims abused her discretion by failing to give more consideration to his guilty plea as a mitigating factor and the age of his son as an aggravating factor.

Concerning the guilty plea as a reason for a lighter sentence, the Indiana Court of Appeals said it is not reviewable.

The age of his son, who was 2 at the time of his death, was acknowledged by Judge Sims as an element of the charge.

The opinion stated the court noted the child was unable to defend himself, and Wootton was responsible for his care and safety.

Ryder Stephen was found unresponsive while in Wootton's care, according to an affidavit of probable cause filed by Detective Ben Gosnell.

Stephen told police she put Ryder in an infant bathtub while she got ready for work and left him with Wootton.

When Ryder was taken to the hospital, Stephen said she was at work.

Court documents stated that it was a cousin and not Wootton who called 911, and Ryder died three days after being transported to Riley Children's Hospital in Indianapolis.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.