A Franklin County jury found 43-year-old David Neanover of Mt. Carmel guilty of battery with a deadly weapon, and on June 16 Franklin Circuit Judge Alex Dudley handed down the statutory maximum: a six-year term in the Indiana Department of Corrections. Prosecutors told the court the attack involved an aluminum baseball bat in front of children and left the victim hospitalized.
According to WRBI Radio, jurors convicted Neanover in May after a two-day trial. The charge stemmed from a Jan. 8 incident at a home on State Road 252, where a probable-cause affidavit states Neanover grabbed an aluminum bat and struck the victim twice in the head before fleeing. WRBI reports that deputies later found Neanover at a nearby relative’s home and that the victim received hospital treatment for injuries.
Evidence, Witness Accounts And A Child In The Home
The prosecution brought in bloody photographs, body-camera footage and the bat itself, and called both the victim and a six-year-old child who witnessed the attack, according to The Brookville American. Deputy Alex Van Winkle testified that he found the victim bleeding on the front porch and said he saw no marks on Neanover to support Neanover’s claim that he had been choked. After deliberating, the jury rejected the self-defense argument and returned a guilty verdict.
Judge Cites Aggravators; Defense Launches Appeal
At sentencing, Deputy Prosecutor Blaine Timonera asked for the maximum term, and Judge Dudley pointed to several aggravating factors: the victim’s injuries, the presence of children, what the court viewed as a lack of remorse, and Neanover’s criminal history. WRBI Radio reports that Neanover’s attorneys filed a notice of appeal the next day and requested appointment of pauper counsel as the case shifts to the appellate courts. The Franklin County Prosecutor’s Office publicly praised the prosecution team’s work at trial.
Prior Record And The Sentencing Range
Prosecutors highlighted Neanover’s prior criminal history at sentencing. Earlier records and appellate filings reference a May 2020 judgment from Butler County, Ohio, along with past Franklin County proceedings. As outlined by the Indiana Court of Appeals, Neanover has faced prior prosecutions that surfaced in court documents. Indiana appellate opinions state that a Level 5 felony carries a sentencing range of one to six years, making his six-year term the statutory maximum. Recent opinions from the Indiana Court of Appeals illustrate that range in practice.
Franklin County Prosecutor Chris Huerkamp praised Deputy Prosecutor Timonera and the office’s investigative work, saying the trial involved “a number of evidentiary challenges and constitutional considerations,” according to The Brookville American. Huerkamp also commended Deputy Van Winkle for his investigation and thanked the jury for its attention and service.
Neanover remains in custody while the appeal proceeds. The appellate timeline will be set by the courts, and further filings and hearing dates will determine how this case plays out on review.
