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Woman’s 35-year sentence upheld following death of stepson

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A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.

Kimberly Kubina faced numerous charges after her stepson Christian Choate died in 2009. The boy was repeatedly abused and beaten by his father, which Kubina did not stop or report. The boy was kept locked up and only let out of the room or a dog cage to eat, use the restroom or exercise. After his death, she helped dispose of the boy’s body.

Kubina pleaded guilty to one count of Class A felony neglect of a dependent and received 35 years incarceration. In Kimberly Kubina v. State of Indiana, 45A03-1303-CR-100, she argued that the trial court abused its discretion when it found aggravating and mitigating circumstances during sentencing.

She believed the trial court improperly took into account her position of trust with the boy when determining aggravating factors. The statute she was convicted under requires that Kubina have had “care of a dependent.”

“Kubina had more than mere care of Christian; she was a stepparent involved in Christian’s upbringing and living in the same home with him, and directly assisted (father Riley) Choate in Christian’s abuse on numerous occasions,” Judge L. Mark Bailey wrote. “The trial court noted several of these facts, as well as the nature of Christian’s ‘long, lingering, torturous death.’ We thus find no abuse of discretion in the trial court’s finding that Kubina was in a position of trust with Christian.”

The judges also found no abuse of discretion when the trial judge only took into account as a mitigating factor that Kubina lacked a criminal history.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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