IN - Lebanon - L. Maxwell and B. Tony Charged With Abuse of Disabled 23 yo Son, Brandon, 2021, Son Later Charged With Child exploitation

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FrostedGlass said:
I wondered about that, too.

He was still at his parents when the first case was filed. I'll put his case info here tomorrow

Jun 11, 2022
Brandon S. Maxwell, 24, formerly of Lebanon, was charged last week with two counts of child exploitation after it was reported that he downloaded and shared pornographic files depicting children in 2020.

Maybe this will be helpful; notice the difference in the time the case was filed and when the crime actually happened.

06C01-2206-F4-000996 Police Agency # 22-ICAC-0003
06/08/2022 Filed
07/14/2020 Child Exploitation with Aggravating Factor
11/23/2020 Child Exploitation with AF

49D27-2209-F5-025763
09/22/2022 Filed
05/01/2021 10 Possession with aggravating factor
Click to expand...
Thank you! That's very helpful to know the dates of occurrence. I just can't imagine a man with multiple bed sores to the bone from his waist down being able to engage in such activity. I also can't imagine how much pain he must have felt. When EMS arrived, they and doctors thought that he might not make it.

It was stated upthread that the 2nd charges came when he was in a state rehab hospital. Given the love for his parents, I could see them accessing him and his digital device(s).

AJMOO
 
GoBuckeyes said:
I was curious also why it took a 'many months investigation' to arrest the parents. It seemed very open and shut to me. Again, moo.
Click to expand...
This is from the link I posted. Based on what we know, I don't believe the mother's story at all. Surely she would have noticed that he wasn't washing his sheets. The smell... if the whole house smelled that way, maybe she didn't notice that?
www.wthr.com

Lebanon parents charged after disabled son found covered in maggots, sores, human waste

Lloyd Maxwell and Bridget Toney were caring for their 23-year-old son, Brandon, who has spina bifida.
www.wthr.com www.wthr.com

During a police investigation, it was learned an investigator with Adult Protective Services had visited Brandon's home March 30, 2021. The investigator said the home was in "deplorable" condition and unsanitary. Despite everything the investigator saw, Brandon denied wrongdoing by his parents. His legs were covered during the visit and the investigator could not see the sores. Due to Brandon's answers, the APS investigator did not have reason to remove Brandon or assist in anyway.

Brandon told investigators that his mother stopped helping with his care around Thanksgiving or Christmas of 2020 and that he told Lloyd to stop caring for him in January 2021. Brandon said the last time he could get out of bed on his own was around December 2020.

Bridget claims in court documents that Brandon would tell her he was fine and didn't need any help. Lloyd allegedly told investigators that Brandon would sometimes let Lloyd help him and sometimes would not.
 
More details:
www.heraldbulletin.com

Boone parents charged after son found with droppings in 'non-healable' wounds

LEBANON — The parents of a young man with spina bifida are charged with neglect after they called 911 in April and medics found him unconscious and covered in filth,
www.heraldbulletin.com www.heraldbulletin.com

Brandon told police he’d been immobile since December 2020, that the last time someone helped him with his wounds was in February when his sister assisted with a spot on his foot that he couldn’t reach, and that no one helped him with restroom needs since January, according to the affidavit.
...
His sister took him to a doctor for one bedsore in October 2020 and was alarmed at his deteriorated condition when she visited in March, according to court records. She reportedly called Adult Protective Services.
...
(APS investigator Jason) “Fletcher advised that due to Brandon’s answers to his questions and his denial of his parents neglecting him, Fletcher did not have any reason to remove Brandon or to assist in any way,” Spencer wrote.
 
BM's first case; he was released on his own recognizance on 06/10/2022 and he may have had a pretrial conference on 03/15/2022. This case is out of Boone County.

State of Indiana v. Brandon S Maxwell​

Case Number06C01-2206-F4-000996
CourtBoone Circuit Court
TypeF4 - Felony 4
Filed06/08/2022

Charges​

0107/14/202035-42-4-4(b)(2)/F4: Child Exploitation-Same as 7153, but aggravating factor found in 35-42-4-4(c)(1)
0211/23/202035-42-4-4(b)(2)/F4: Child Exploitation-Same as 7153, but aggravating factor found in 35-42-4-4(c)(1)
06/28/2023Pretrial Conference
Session: 06/28/2023 2:00 PM, Judicial Officer: Schein, Lori N.
 
Here is his CP Case in Marion Co. He's had a couple of continuances. He has 10 counts but I'm only listing one for space; they are all the same, including the charge date of 05/01/2021.

State of Indiana v. Brandon Maxwell​

Case Number49D27-2209-F5-025763
CourtMarion Superior Court 27
TypeF5 - Felony 5
Filed09/22/2022

Charges​

0105/01/202135-42-4-4(d)/F5: Possession of Child *advertiser censored* with an aggravating factor found in 35-42-4-4(e)(1)

11/18/2022Order Appointing Public Defender
R. Bowuma
Judicial Officer: Davis, Angela Dow
11/29/2022Discovery Filed
Discovery Compliance, Initial (Sex Crimes)
Filed By: State of Indiana
12/27/2022Pretrial Conference
Session: 12/27/2022 9:00 AM, Judicial Officer: Davis, Angela Dow
Result: Commenced and concluded
07/11/2023Jury Trial
Session: 03/15/2023 8:30 AM, Rescheduled
Session: 05/23/2023 8:30 AM, Rescheduled
Session: 07/11/2023 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG
 
This is for LLoyd (father). The pretrial violation stems from this:
01/05/2023Violation Filed
Petition of Pretrial Violation
Filed By: Boone County Community Corrections

These are new:
05/22/2023Correspondence to/from Court Filed
Filed By: Maxwell, Lloyd D.
05/22/2023Correspondence to/from Court Filed
Community Corrections Correspondence
Filed By: Boone County Community Corrections
05/23/2023No Contact Order Issued
on Community Corrections Correspondence
Judicial Officer: Schein, Lori N.
05/23/2023Hearing Scheduling Activity
Hearing originally scheduled on 05/24/2023 at 1:30 PM was rescheduled to 05/31/2023 at 2:30 PM. Reason: By Request.
05/23/2023Motion to Vacate Hearing Filed
motion to vacate hearing
Filed By: Maxwell, Lloyd D.
05/23/2023Order Denying Motion to Vacate Hearing
Judicial Officer: Schein, Lori N.
05/23/2023Hearing Scheduling Activity
Hearing scheduled for 05/31/2023 at 2:30 PM was cancelled. Reason: Waiver of Hearing by Party.
05/31/2023CANCELED Hearing
Reason: Waiver of Hearing by Party
Session: 05/24/2023 1:30 PM, Rescheduled
Session: 05/31/2023 2:30 PM, Cancelled
Comment: Contested on Pretrial Violation
09/11/2023Jury Trial
Session: 07/12/2023 9:00 AM, Rescheduled
Session: 09/11/2023 9:00 AM, Judicial Officer: Schein, Lori N.
 
Updates:
Bridget R. Toney
06/06/2023Hearing Scheduling Activity
Jury Trial scheduled for 06/14/2023 at 9:00 AM was cancelled. Reason: Judicial Action.
06/14/2023CANCELED Jury Trial
Reason: Judicial Action
Session: 06/14/2023 9:00 AM, Cancelled
08/10/2023Change of Plea Hearing
Session: 08/10/2023 8:30 AM, Judicial Officer: Schein, Lori N.

Lloyd D. Maxwell
06/07/2023Witness and/or Exhibit List Filed
witness list defense
Filed By: Maxwell, Lloyd D.
06/13/2023Violation Filed
Petition and Notice of Pretrial Violation
Filed By: Boone County Community Corrections
06/14/2023Order Issuing Warrant for Arrest
NO BOND
Judicial Officer: Schein, Lori N.
06/14/2023Warrant or Writ of Attmnt for the Body of a Person Issued
06/15/2023Surety Bond Entered in Clerk's Office
09/11/2023Jury Trial
Session: 07/12/2023 9:00 AM, Rescheduled
Session: 09/11/2023 9:00 AM, Judicial Officer: Schein, Lori N.

Brandon Maxwell's F5 case (I believe DM is an lpn at Miller Health Services)
06/05/2023Order to Release From Custody
defendant to be released on 6-6-23 to Demetrius Whitehead only. Defendant not to have any internet use or be around any children
06/05/2023Hearing Scheduling Activity
Bail Review Hearing scheduled for 06/09/2023 at 9:00 AM was cancelled. Reason: Other.
06/09/2023CANCELED Bail Review Hearing
Reason: Other
Session: 06/09/2023 9:00 AM, Cancelled
07/11/2023Jury Trial
Session: 07/11/2023 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG

This is for BM's F4 case:
06/28/2023Pretrial Conference
Session: 06/28/2023 2:00 PM, Judicial Officer: Schein, Lori N.
 
Updates:
Bridget R. Toney; there is nothing new for Lloyd Maxwell. He still has what appears to be an active warrant.
08/08/2023Motion for Continuance Filed
Motion to Continue
Filed By: Toney, Bridget R.
08/08/2023Order Granting Motion for Continuance
Judicial Officer: Schein, Lori N.
08/08/2023Hearing Scheduling Activity
Change of Plea Hearing originally scheduled on 08/10/2023 at 8:30 AM was rescheduled to 09/26/2023 at 11:30 AM. Reason: By Request.
09/26/2023Change of Plea Hearing
Session: 09/26/2023 11:30 AM, Judicial Officer: Schein, Lori N.
 
Updates for Brandon's cases
49D27-2209-F5-025763
08/22/2023Jury Trial
Session: 03/15/2023 8:30 AM, Rescheduled
Session: 05/23/2023 8:30 AM, Rescheduled
Session: 07/11/2023 8:30 AM, Rescheduled
Session: 08/22/2023 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG

06C01-2206-F4-000996
06/28/2023Pretrial Conference
Session: 06/28/2023 2:00 PM, Judicial Officer: Schein, Lori N.
07/03/2023Order on Pretrial Conference
Judicial Officer: Schein, Lori N.
Order Signed: 06/30/2023
07/03/2023Hearing Scheduling Activity
Pretrial Conference scheduled for 08/23/2023 at 2:00 PM.
08/23/2023Pretrial Conference
Session: 08/23/2023 2:00 PM, Judicial Officer: Schein, Lori N.
 
The father still has a warrant. There's a continuation for the mother

09/18/2023Hearing Scheduling Activity
Change of Plea Hearing originally scheduled on 09/26/2023 at 11:30 AM was rescheduled to 10/26/2023 at 8:30 AM. Reason: By Request.
10/26/2023Change of Plea Hearing
Session: 09/26/2023 11:30 AM, Rescheduled
Session: 10/26/2023 8:30 AM, Judicial Officer: Schein, Lori N.

Brandon is still scheduled for a jury trial for his level 5 felony. There is no info regarding his 8/23 conference. He has a new date.
49D27-2209-F5-025763
10/17/2023Jury Trial
Session: 10/17/2023 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG

06C01-2206-F4-000996
10/25/2023Pretrial Conference
Session: 10/25/2023 2:00 PM, Judicial Officer: Schein, Lori N.
 
Brandon asked for a continuance and has new dates for his F5 case
12/11/2023Final PreTrial Hearing/Conference
Session: 10/16/2023 10:00 AM, Rescheduled
Session: 12/11/2023 10:00 AM, Judicial Officer: Davis, Angela Dow
12/12/2023Jury Trial
Session: 03/15/2023 8:30 AM, Rescheduled
Session: 05/23/2023 8:30 AM, Rescheduled
Session: 07/11/2023 8:30 AM, Rescheduled
Session: 08/22/2023 8:30 AM, Rescheduled
Session: 10/17/2023 8:30 AM, Rescheduled
Session: 12/12/2023 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG

His F4 case just has this:
10/25/2023Pretrial Conference
Session: 10/25/2023 2:00 PM, Judicial Officer: Schein, Lori N.

His mother's case has a new date:
10/26/2023Change of Plea Hearing
Session: 08/10/2023 8:30 AM, Rescheduled
Session: 09/26/2023 11:30 AM, Rescheduled
Session: 10/26/2023 8:30 AM, Judicial Officer: Schein, Lori N.
 
They finally caught the dad 06C01-2112-F3-002292

10/02/2023Warrant or Writ of Attmnt for the Body of a Person Served
10/02/2023Motion to Vacate Hearing Filed
motion to vacate hearing and set jury trial
Filed By: Maxwell, Lloyd D.
10/02/2023Order Issued
Judicial Officer: Schein, Lori N.
10/02/2023Hearing Scheduling Activity
Jury Trial scheduled for 02/12/2024 at 9:00 AM.
10/03/2023Initial Hearing
Session: 10/03/2023 8:30 AM, Judicial Officer: Schein, Lori N.
Result: Commenced and concluded
10/03/2023Hearing Journal Entry
Matter comes on for initial hearing on the Notice of Pretrial Violation. Defendant appears v/v from the BCJ.
Judicial Officer: Schein, Lori N.
Present: Maxwell, Lloyd D.
10/03/2023Court Sets Bond
$10,000 Cash
Judicial Officer: Schein, Lori N.
Party: Maxwell, Lloyd D.
02/12/2024Jury Trial
Session: 02/12/2024 9:00 AM, Judicial Officer: Schein, Lori N.
 
There are no new updates for son or dad.
I can't even guess as to how the son will be charged for his two cases. While he's an adult in years, where is he in mental development? I'm not sure how to interpret "social skills."
Medical staff said Brandon had the social skills of a 10- to 12-year-old and did not have the capacity to make complex medical decisions.
Click to expand...

Here's a new entry for her
10/19/2023Correspondence to/from Court Filed
BCCC Eligibility Tool
Filed By: Boone County Community Corrections

She has an F3 charge:
What is the sentence for a Level 3 felony in Indiana?
Level 3 Felony: A Level 3 felony carries a penalty upon conviction of a fixed term between three (3) and sixteen (16) years in prison and a fine of up to $10,000.00.
 
A plea agreement for the mother was entered today. The hearing is still on schedule for tomorrow.

10/25/2023Plea Agreement Filed
Toney Plea- 2294.pdf
Filed By: State of Indiana
Filed Stamp: 10/25/2023
10/26/2023Change of Plea Hearing
Session: 08/10/2023 8:30 AM, Rescheduled
Session: 09/26/2023 11:30 AM, Rescheduled
Session: 10/26/2023 8:30 AM, Judicial Officer: Schein, Lori N.
 
Plea deal for the mother:

10/26/2023Order Issued
Judgment of Conviction/Pronouncement of Sentence
Judicial Officer: Schein, Lori N.
Order Signed: 10/26/2023
10/26/2023Judgment
Judicial Officer: Schein, Lori N.
01.35-46-1-4(a)(1)/F3: Neglect of a Dependent Resulting in Serious Injury but resulting in serious bodi
• Plea by Agreement
10/26/2023
Sentenced
Judicial Officer:
Schein, Lori N.
1. 35-46-1-4(a)(1)/F3: Neglect of a Dependent Resulting in Serious Injury but resulting in serious bodi
Confinement to Commence: 10/26/2023
Indiana Department of Correction
Term: 9 Yr
Jail Credit: 3 Days
Suspended: 6 Yr
Comment: 3 years community corrections; 6 years probation
 
There's nothing new for the father.
Brandon's updates:
This is for the F4 case, next pretrial conference date
10/25/2023Pretrial Conference
Session: 10/25/2023 2:00 PM, Judicial Officer: Schein, Lori N.
10/26/2023Order on Pretrial Conference
Judicial Officer: Schein, Lori N.
12/13/2023Pretrial Conference
Session: 12/13/2023 2:00 PM, Judicial Officer: Schein, Lori N.

His F5 case
12/11/2023Final PreTrial Hearing/Conference
Session: 12/11/2023 10:00 AM, Judicial Officer: Davis, Angela Dow
12/12/2023Jury Trial
Session: 12/12/2023 8:30 AM, Judicial Officer: Davis, Angela Dow
 
Grandfather Danny Toney was appointed as Brandon's guardian in April 2021, seemingly initiated the month after the APS investigation, and just days before 2nd CP charge
Screenshot 2023-11-02 at 2.30.12 PM.pngScreenshot 2023-11-02 at 2.29.58 PM.png

Not in Indiana but in my line of work I came across a somewhat similar case of an individual also subject to legal guardianship with mental and physical disabilities who was charged relating to CSAM, I don't recall the exact ins and outs of the case but I know that this individual was not given any sort of jail time and was able to petition for his record to be expunged.
 
Ward Thisperer said:
Grandfather Danny Toney was appointed as Brandon's guardian in April 2021, seemingly initiated the month after the APS investigation, and just days before 2nd CP charge
View attachment 457722View attachment 457723

Not in Indiana but in my line of work I came across a somewhat similar case of an individual also subject to legal guardianship with mental and physical disabilities who was charged relating to CSAM, I don't recall the exact ins and outs of the case but I know that this individual was not given any sort of jail time and was able to petition for his record to be expunged.
Click to expand...
Thanks. I've never seen a case like this before and have no idea what kind of a sentence he'll receive.
 
Nothing has changed for the father 06C01-2112-F3-002292

Brandan's court date is still the same for 06C01-2206-F4-000996
12/13/2023Pretrial Conference
Session: 12/13/2023 2:00 PM, Judicial Officer: Schein, Lori N.

Brandan has new court dates for this one: 49D27-2209-F5-025763
12/08/2023Motion for Continuance Filed
Motion to Continue jury trial.
Filed By: Maxwell, Brandon
12/08/2023Order Granting Motion for Continuance
Judicial Officer: Hart, Peggy R-MAG
02/12/2024Final PreTrial Hearing/Conference
Session: 10/16/2023 10:00 AM, Rescheduled
Session: 12/11/2023 10:00 AM, Rescheduled
Session: 02/12/2024 10:00 AM, Judicial Officer: Davis, Angela Dow
02/13/2024Jury Trial
Session: 03/15/2023 8:30 AM, Rescheduled
Session: 05/23/2023 8:30 AM, Rescheduled
Session: 07/11/2023 8:30 AM, Rescheduled
Session: 08/22/2023 8:30 AM, Rescheduled
Session: 10/17/2023 8:30 AM, Rescheduled
Session: 02/13/2024 8:30 AM, Judicial Officers: Davis, Angela Dow; Anderson, Ross F - MAG
 
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