Pharos-Tribune

Local News

November 21, 2008

Child support charge lands 6-year prison term

<b>Records indicate man owes more than $18,000</b>

A Logansport man who owes thousands in back child support will be spending some time in prison.

Cass Superior Court II Judge Rick Maughmer this week sentenced 46-year-old Charles Cain to six years for nonsupport of a dependent child, a class C felony.

Deputy prosecutor James Ackermann argued that none of Cain’s sentence should be suspended, and Maughmer agreed, ordering Cain to serve the entire term in the Indiana Department of Correction.

As of Oct. 22, Cain owed $18,308 in child support, which elevated the severity of the charge. The prison term was two years less than the maximum allowed by law.

Tuesday’s conviction is Cain’s second in five years. In 2003, he was convicted of two class D felonies, one for each child. The amount then was $12,225.80.

After his release from custody on the first conviction, Cain once again failed to support his children, resulting in the prosecutor’s office filing new charges on Oct. 31, 2007.

Deputy Prosecutor Randy Head said Cain had paid nothing since his first conviction. Cain has two children ages 14 and 17. He had been ordered to pay $70 a week.

Court records indicate Cain paid $150 in 2004 and $1,912 in 2005. Since then, he has provided no payments.

Head said Cain’s defense may have been inability to pay, but when Cain signed the plea bargain, he gave up any opportunity to argue that defense.

On top of the back child support, Cain was ordered to pay $264 for court costs and the public defender fund.

Cain, represented by attorney Jay Hirschauer, has had several encounters with law enforcement. Prior arrests include operating while intoxicated, battery, disorderly conduct, invasion of privacy, contempt of court and multiple public intoxication charges. He has spent hundreds of days in the Cass County Jail.

On Dec. 23, 2003, Cain was sentenced to two years in jail on work release on each of two counts of nonsupport of a dependent. On June 2, 2005, Cain violated his probation, and on Aug. 11, 2005, he began a 16-month stretch in the Cass County Jail.

With a bond of $2,000 cash/$10,000 surety, Cain spent nearly a year incarcerated awaiting the outcome of his most recent case. Cain received credit for 356 days of jail time. On good behavior, he could be out of prison in about two years.

Kevin Lilly can be reached at (574) 732-5117, or via e-mail at kevin.lilly@pharostribune.com

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