Date: 10-16-2024

Case Style:

State of Indiana v. Kari C. Spray

Case Number: 03D02-2210-CM-5224

Judge: Jonathan L. Rohde

Court: Superior Court, Lake County, Indiana

Plaintiff's Attorney: Lake County Indiana County Prosecuting Attorney

Defendant's Attorney:

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Description:

Crown Point, Indiana harassment charge criminal defense lawyer represented the Defendant.

[¶3] Spray and Char Ison have one minor child together, C.I. ("Child"). Child resided with Ison, Ison's wife, and her two children, but Ison allowed Spray to visit with Child at his home. Between August 1, 2021, and August 13, 2022, when Child was between five and six years old, Spray made a series of anonymous reports to the Indiana Department of Child Services ("DCS") hotline.

[¶4] In particular, on August 1, 2021, following a visit with Child, Spray called the hotline and reported that Child had been "forced to stay in the rain for a couple of hours[.]" Tr. Vol. 2 at 52. She further alleged that Child was malnourished and that there were issues with domestic violence between Ison and his wife. Following that report, DCS interviewed Child with Ison's permission. Based on the information provided during the interview, DCS did not take any action.

[¶5] On August 23, Spray again called the DCS hotline and reported that Child was being "psychologically abused, mentally abused, [and] verbally abused" and that he is in a home where "violence occurs regularly." Id. at 70. She also reported that Ison regularly drinks to the "point of intoxication" while caring for Child and that Ison and his wife are "neglectful" and "abusive." Id. at 71.

[¶6] Spray called the DCS hotline again on September 14. During that call, Spray reported that Ison had "threaten[ed]" Child, that Child was being "denie[d] food," and that she had concerns about domestic violence between Ison and his wife. Id. at 76-77. On January 2, 2022, Spray again called the hotline. During this call, Spray stated that Child had been "thrown" by Ison and that he needed medical care. Id. at 81. She also reported that Ison had anger management issues and that he would get high while caring for Child. DCS again contacted Ison, who allowed DCS to speak with Child at his school. Again, no action was taken following the interview with Child.

[¶7] On April 28, Spray made another phone call to the hotline. Spray alleged that Child was being denied food and water and that he was being abused. But she additionally alleged that Ison and his wife had exposed Child to sexual behavior and that Ison and his mother "were groping [Child] to erections." Id. at 86. Following Spray's call, DCS and law enforcement officers went to Ison's house at 1:00 a.m. the next day. Ison did not allow anyone to see Child because of the time but later allowed him to be interviewed. Detective Terrance Holderness of the Bartholomew Sheriff's Department contacted Spray about the allegations of abuse against Child. Spray declined to meet with Detective Holderness. A DCS case worker and Detective Holderness also contacted Ison, who agreed to meet with them.

[¶8] On May 7, Spray reported to the hotline that Ison and his wife were "neglecting" Child, that they were withholding food from Child, and that they were "sexually molest[ing] Child." Id. at 106. On May 10, Detective Holderness and DCS met with Child at Ison's home. Neither DCS nor Detective Holderness observed anything during the interview that caused any concern. As a result, the allegations of abuse were unsubstantiated, and Detective Holderness did not pursue any criminal charges.

[¶9] Then, on July 31, Spray reported to DCS that Ison "sexually [and] physically" abused Child "all the time," that Child was denied food and water, that Ison had thrown Child "down some stairs," that Ison makes Child "watch him have sex with women," and that Ison touched Child "in a sexual way." Id. at 114-17. And, on August 13, Spray called the hotline and alleged that Child was being "kicked and tossed like a piece of trash." Id. at 123. During each call,
Spray named Ison as Child's father, indicated that Child was with Ison during the alleged actions, but did not identify herself as Child's mother.[2]

[¶10] Detective Holderness began to investigate the calls made to DCS regarding the alleged abuse of Child. As part of his investigation, he subpoenaed all of the DCS calls relating to Child from August 2021. Detective Holderness was able to determine that Spray had made all of the phone calls. Detective Holderness contacted Spray about the calls, but she denied any involvement and stated that she believed Ison was the person who had called DCS.

[¶11] The State charged Spray with eight counts of harassment, as Class B misdemeanors, for each of the eight phone calls she had placed to DCS. Specifically, in each charging information, the State alleged that Spray "with the intent to harass, annoy, or alarm Char T. Ison, but with no intent of legitimate communication, did make a telephone call." Appellant's App. Vol. 2 at 28.[3] The court held a jury trial, during which a DCS case worker and Detective Holderness testified regarding Spray's calls to the hotline and the investigation into the calls, and they each testified that the allegations lacked merit. At the conclusion of the trial, the jury found Spray not guilty of Count 1, which pertained to the first call Spray had placed on August 1, 2021, but guilty...

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Spray v. State, 24A-CR-1154 (Ind. App. Oct 16, 2024)

Outcome: Affirmed

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