IN - Mark Sandifur, charged with child molesting, Flora, 28 Aug 2019

[FrostedGlass]

06/02/2021 = Judgment
Judicial Officer: Diener, Benjamin A.
01. 35-42-4-3(a)/F1: Child Molesting where def. is at least 21 years of age
• Dismissed with Prejudice
02. 35-42-4-3(b)/F4: Child Molesting-Fondling or touching with child under 14
• Dismissed with Prejudice
03. 35-42-4-3(b)/F4: Child Molesting-Fondling or touching with child under 14
• Dismissed with Prejudice
04. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
• Plea by Agreement
05. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
• Plea by Agreement

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
4. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Jail Credit: 6 Days
Suspended: 1 Yr 359 Days
Consecutive with Prior Sentence: Count 5

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
5. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Suspended: 2 Yr
Consecutive with Prior Sentence: Count 4

06/02/2021 = Disposition Sent Electronically to Indiana State Police
Added By CHRIS Interface (SNTC)

 

[sleuther0192837465]

06/02/2021 = Judgment
Judicial Officer: Diener, Benjamin A.
01. 35-42-4-3(a)/F1: Child Molesting where def. is at least 21 years of age
• Dismissed with Prejudice
02. 35-42-4-3(b)/F4: Child Molesting-Fondling or touching with child under 14
• Dismissed with Prejudice
03. 35-42-4-3(b)/F4: Child Molesting-Fondling or touching with child under 14
• Dismissed with Prejudice
04. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
• Plea by Agreement
05. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
• Plea by Agreement

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
4. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Jail Credit: 6 Days
Suspended: 1 Yr 359 Days
Consecutive with Prior Sentence: Count 5

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
5. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Suspended: 2 Yr
Consecutive with Prior Sentence: Count 4

06/02/2021 = Disposition Sent Electronically to Indiana State Police
Added By CHRIS Interface (SNTC)

I’m sorry, but I don’t understand what all of this means? Was he sentenced?

 

[FrostedGlass]

I’m sorry, but I don’t understand what all of this means? Was he sentenced?

The plea deal was accepted. His 3 molest charges were dropped; he got probation for the other 2 charges. They run consecutively so he has a total of 4 years.

 

[sleuther0192837465]

The plea deal was accepted. His 3 molest charges were dropped; he got probation for the other 2 charges. They run consecutively so he has a total of 4 years.

Thank you for explaining that to me

 

[helpfulcharlie]

It bothers me that there was a plea agreement. I have to assume it was authorized by the family. In my experience, it takes something pretty egregious to rise to the level of prosecution, so it's unlikely that it was exaggerated, or a misunderstanding. If it was, it wouldn't have been a plea agreement, it would have been dropped charges or acquittal. I wonder if this is one of those deal-with-the-devil compromises done because the offender is the primary wage-earner or something along those lines. Ugh.

 

[Yemelyan]

It bothers me that there was a plea agreement. I have to assume it was authorized by the family. In my experience, it takes something pretty egregious to rise to the level of prosecution, so it's unlikely that it was exaggerated, or a misunderstanding. If it was, it wouldn't have been a plea agreement, it would have been dropped charges or acquittal. I wonder if this is one of those deal-with-the-devil compromises done because the offender is the primary wage-earner or something along those lines. Ugh.

It would be something that is authorized by the victim/family in almost all cases IMO.

Usually it's a decision undertaken with the victim's mental health primarily in mind, especially when the victim is a child.

This article is from a neighboring state but explains how prosecutors come to the decision to plea bargain or not in child molestation cases: Plea deals provide risks, rewards to sexual assault victims

Even with victim’s rights protections in Ohio, criminal court proceedings can be a very long and arduous process for victims of these crimes, VanEerten said.

When meeting with victims, VanEerten explains that they may have to tell the story of what happened to them four to five more times.

“Discussing it can be something that is very painful,” he said. “My ultimate goal is to punish the offenders, but I also have to keep in mind that I don’t want to re-victimize the victim.”

 

[Niner]

The plea deal was accepted. His 3 molest charges were dropped; he got probation for the other 2 charges. They run consecutively so he has a total of 4 years.

But it looks like those 2 years for the plea deal were suspended - ??

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
4. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Jail Credit: 6 Days
Suspended: 1 Yr 359 Days
Consecutive with Prior Sentence: Count 5

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
5. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Suspended: 2 Yr
Consecutive with Prior Sentence: Count 4


So - this case is over, correct - done with?

 

[FrostedGlass]

But it looks like those 2 years for the plea deal were suspended - ??

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
4. 35-46-1-4(a)(1)/F6: Neglect of a Dependent def. places dependent in situation that endangers the dep
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Jail Credit: 6 Days
Suspended: 1 Yr 359 Days
Consecutive with Prior Sentence: Count 5

06/02/2021 = Sentenced
Judicial Officer: Diener, Benjamin A.
5. 35-44.1-2-2(a)(3)/F6: Obstruction of Justice def. knowingly or intentionally in an official proceedi
Confinement to Commence: 05/18/2021
Indiana Department of Correction
Term: 2 Yr
Suspended: 2 Yr
Consecutive with Prior Sentence: Count 4


So - this case is over, correct - done with?

The 4 years are suspended but he must comply with the probation requirements.
The case has been marked 'decided', which means it's done. Except for when they violate probation, as we've seen in many other cases.

 

[heartgoesout]

My heart breaks for the victim and what they must have gone through and will continue to go through for the rest of their life. You can't rehab a pedophile abuser.

 

[mpnola]

My heart breaks for the victim and what they must have gone through and will continue to go through for the rest of their life. You can't rehab a pedophile abuser.

Agreed. A plea deal doesn't mean it didn't happen. A plea at the expense of the minor victims. That's how I see it. Inexcusable.

 

[mpnola]

It bothers me that there was a plea agreement. I have to assume it was authorized by the family. In my experience, it takes something pretty egregious to rise to the level of prosecution, so it's unlikely that it was exaggerated, or a misunderstanding. If it was, it wouldn't have been a plea agreement, it would have been dropped charges or acquittal. I wonder if this is one of those deal-with-the-devil compromises done because the offender is the primary wage-earner or something along those lines. Ugh.

I just need to do more than a like on your post. Its so important. Our kids should be protected. At all costs. Including "forgiving", reconciling or a paycheck.

 

[mom2chloe]

It bothers me that there was a plea agreement. I have to assume it was authorized by the family. In my experience, it takes something pretty egregious to rise to the level of prosecution, so it's unlikely that it was exaggerated, or a misunderstanding. If it was, it wouldn't have been a plea agreement, it would have been dropped charges or acquittal. I wonder if this is one of those deal-with-the-devil compromises done because the offender is the primary wage-earner or something along those lines. Ugh.

Imo no one wants the victims to be additionally victimized by having to give testimony. This is so much of why child predators are allowed to roam free. The crime itself is horrific enough but then the trial where innocents are further subjected to everything. There is no easy answer because without legitimate proof these sickos can’t be locked away despite the fact they are the worst of the evil. As long as courts don’t hold them accountable what more can we do? IMO

 

[sleuther0192837465]

Imo no one wants the victims to be additionally victimized by having to give testimony. This is so much of why child predators are allowed to roam free. The crime itself is horrific enough but then the trial where innocents are further subjected to everything. There is no easy answer because without legitimate proof these sickos can’t be locked away despite the fact they are the worst of the evil. As long as courts don’t hold them accountable what more can we do? IMO

I do wish there could be a different way for victims to testify.

 

[mpnola]

I do wish there could be a different way for victims to testify.

Exactly. The answer is not to ignore and enable so that one abuser has multiple victims and those victims always feel betrayed by multiple sources of people. The answer is to find a victim friendly way to get the information and start holding these creeps accountable. Stop letting women who excuse and enable .are the decision to let the predator back into the house with the kids. Stop treating our kids like they don't matter!!! Shining a bright light on the predators and holding all adults who knowingly put their children in harms way accountable is the only way we will ever get put of this disgusting Spiral.

 

[PaulaDC]

I wish mothers in situations like these would put their children first and not themselves or their spouses. Personally I am unforgiving when it comes to SA of a minor child. Grow a set and stand with your children. You're there to protect them as best you can.

 

[helpfulcharlie]

Didn't the plea agreement also specify that he is allowed to return to live with the family? I thought I read that upstream somewhere. If that's true, that tells me one of two things -- either the offense wasn't as bad as we all rightfully imagine it to be, or the spouse/family made concessions. If the latter, and he offends again, perhaps prosecution should extend to those who enabled it. I'm assuming that no descriptions exist in the public record (of the accusations themselves) due to the age of the victim? I mean come on, either he did or he didn't. If he didn't, the charges should have been dropped. If he did, how is it acceptable to rejoin the family? Maybe I have a blind spot here, but I'm not seeing a lot of room for a gray area. Please correct me if I'm reading this wrong.

 

[FrostedGlass]

Plea agreements are sometimes mysterious, imo.

The F1/F4 charges were dismissed with prejudice. How he interacts with his family depends upon when the family councilor decides they are ready. If he completes his probation successfully, he can petition to have ??? done. Maybe to have the case expunged?

 

[sleuther0192837465]

Exactly. The answer is not to ignore and enable so that one abuser has multiple victims and those victims always feel betrayed by multiple sources of people. The answer is to find a victim friendly way to get the information and start holding these creeps accountable. Stop letting women who excuse and enable .are the decision to let the predator back into the house with the kids. Stop treating our kids like they don't matter!!! Shining a bright light on the predators and holding all adults who knowingly put their children in harms way accountable is the only way we will ever get put of this disgusting Spiral.

Well said!

 

[CSIDreamer]

Unbelievable. So he doesn't even end up on the sex offender registry. Oof. JMO.

 

[Niner]

Going to go ahead & post this - @FrostedGlass - is it still on for today?

Tuesday, Nov. 16th:
*Status Hearing (@ 10:30am CT) – IN – 13 year old (August, 19, 2019 & goes back a year, Flora) - *Mark Joe Sandifur (36/now 37) arrested & charged (8/21/19) with 3 counts Level 4 felony charges of child molesting & 1 count of Level 1 felony charge of child molesting. Plead not guilty. $100K Surety bond (10% cash). Bond posted by mother & released (9/2/19).
Trial was set to start on 7/26/21 (thru 7/28/21), but plead guilty on 5/18/21.
Court info from 8/23/19 thru 4/15/21 reference post #717 here:
IN - Mark Sandifur, charged with child molesting, Flora, 28 Aug 2019
5/6/21 Update: Motion for Guilty plea hearing filed by defense. Change of plea hearing on 5/11/21 @ 3:15pm. 5/11/21 Update: State of Indiana appears by Nicholas C. McLeland, Prosecuting Attorney. Defendant appears in person & by Jeffrey P. Little, his attorney. With the agreement of the parties, hearing on change of plea is continued to 5/18/21 at 2pm at which time Defendant is ORDERED & DIRECTED to appear. Failure to appear may result in the issuance of a bench warrant.
5/18/21 Update: Took plea deal – Defendant agrees to plead guilty to the information charging: Count 4: Neglect of a dependent as a Level 6 Felony, Count 5: Obstruction of justice as a Level 6 Felony. If this plea is accepted the Court shall impose the following sentence: Sentence will be 2 years on each count, consecutive to one another, for a total of 4 years, all suspended, except time served, on the condition that the defendant comply with 4 years probation. The terms & conditions of probation will left to the Court, but will include: that defendant engage in family counseling with the victim & the rest of the family; not have any inappropriate contact with the victim & the defendant not be left alone with the victim until recommended by the family counselor. That the no-contact order will be dropped & the defendant agrees not to move back into the family home until it is recommended by the family counselor that he will engage with. That all fines, fees & costs will be left to the Court as deemed appropriate. That the State agrees to dismiss all remaining charges with prejudice. That if the defendant successfully completes all the terms & conditions of probation, with no violations, then the State agrees that he can petition. 5/21/21: Authority for release of bond & limited power of attorney to apply sums to account legal representation fees. Trial has been cancelled.
6/2/21 Update: Sentenced to 4 years of probation.
8/10/21: Motion to modify sentenced filed. Verified motion to modify sentence to allow defendant to return to marital resident filed by Sandifur. 8/12/21: Order denying motion to modify sentence by Judge Benjamin Diener. 8/27/21: Motion filed for joint motion for status conference filed Sandifur.
11/1/21 Update: Sandifur asked for a status conference, which has been granted. Status hearing set for 11/16/21 @ 10:30am.