HANCOCK COUNTY — An Indianapolis man who was supposed to serve 2½ years in jail on a neglect conviction after his infant son ingested cocaine now will be allowed to serve his sentence through work release.
Kevin M. Bunch, 42, pleaded guilty in May to neglect of a dependent resulting in bodily injury. The case stemmed from an incident involving his son, Asher, who at 7 months old in July 2017 became mysteriously ill. When Asher’s mother, Jennifer Trattner, took him to the hospital with fits of vomiting and a 101-degree fever, the infant tested positive for cocaine.
Bunch told police he had snorted cocaine off a dinner plate with a rolled-up dollar bill near Asher’s crib, but that the baby had not been present.
Hancock Circuit Court Judge Scott Sirk gave Bunch the stiffest penalty possible for his level of crime.
But Bunch was released through Hancock County Community Corrections’ work release program in early June after serving only a couple of weeks in jail.
Bunch, like many Level 6 felony inmates, signed up to be part of a work release program and was accepted because nothing on his paperwork indicated he should not be part of the work release program.
Pat Powers, executive director of Community Corrections, said anyone sentenced to serve time in the county jail for a Level 6 felony is eligible for the work release program, unless indicated by the court.
“He (Bunch) pleaded guilty to a Level 6 felony, and that is the target population for the work-release program, Powers said.
Officials from the Hancock County prosecutor’s office said the sentencing order did not say “no objection to work release,” normally indicating work release should have been an option. But the fact it was not on the paperwork should have been clear enough the program was not to be made available to Bunch, officials said.
“Each court does things differently, and in circuit (court) we usually say ‘no objection’ when work release is an available option,” Marie Castetter, chief deputy prosecutor, wrote in an email to the Daily Reporter.
If the paperwork isn’t specific, Powers said it’s up to officials in Community Corrections to make the decision on each inmate, and that’s what was done with Bunch.
The prosecutor’s office requested a clarification hearing on the sentencing last month where Sirk stated in court he wanted to take a second look at the original sentencing before determining if Bunch should indeed be ordered back behind bars.
At a hearing on Monday, Sirk allowed Bunch to continue serving his sentence through Community Corrections, as Bunch hadn’t had any violations throughout his sentence so far. Sirk said he took full responsibility for the outcome and stressed the importance of accepting things the way they are. He also emphasized the need for Bunch to pay child support and emphasized to Trattner the importance of forgiveness.
When Sirk underscored that Bunch is Asher’s father, Trattner said while that’s true, Bunch was responsible for the boy’s injuries from ingesting cocaine.
“You chose him to be the father of your child,” Sirk told Trattner, adding that was a consequence she cannot change.
Trattner told the Daily Reporter that she found the outcome “disgusting.” She said Bunch should be in jail and added he hasn’t been paying enough child support.
“He basically won,” Trattner said. “He did a disgusting, disgusting thing to my son… I’ve spent two years picking up the pieces while he’s done nothing.”
Trattner also disagreed with Sirk’s appeal that she forgive Bunch.
“My son deserves justice,” she said. “He deserves more than this.”
Castetter told the Daily Reporter that she respects Sirk’s decision.
Bunch’s attorney, Chris Isom, declined to comment.
Asher’s ordeal motivated Trattner to launch a crusade to toughen parental visitation laws. A bill she championed sailed through the Indiana General Assembly this year and was signed into law by Gov. Eric Holcomb.
After fighting to change Indiana laws limiting visitation rights of parents who neglect their children, Trattner said she felt betrayed by the judicial system that let Bunch out so early.
”They never even called me and told me he had been released and that’s just one of the things that bothers me about all of this,” Trattner said.
Trattner felt the severity of Bunch’s crime should not allow him to be considered for any kind of early release.
”Hancock County should make this an example that you can’t just go around hurting children,” she said.
When Trattner saw Bunch out so soon after his case wrapped up, she said she felt like his sentence was just a slap on the wrist.
”He’s running around Greenfield for hours at a time unsupervised,” Trattner said.
Bunch’s legal issues are not over. He faces five different Class A misdemeanor charges he’s alleged to have committed in the fall of 2018. He’s been charged with five counts of invasion of privacy-order violations, each punishable by up to a year in jail.
