Former Porter County cop seeking to dismiss 4-year-old child abuse case

Times - 8/30/2021

Aug. 30—VALPARAISO — More than four years after charges were filed and following numerous delays, the defense is now asking the court to dismiss charges that a one-time Porter County police officer injured his infant son and left the boy disabled and with a much shorter life expectancy.

Prosecutors have failed to provide the necessary evidence to back up felony counts of battery resulting in serious bodily injury to a person less than 14 years of age, aggravated battery and neglect of a dependent resulting in serious injury that were filed against Curtis Jones, 51, who is now living in Florida, according to Portage-based defense attorneys John Vouga and Nicholas Barnes.

The charges claim the offense occurred on or about July 24, 2016, but prosecutors say the injuries suffered by the child " 'must have' happened 'near' the time that Mr. Jones called 911," the motion to dismiss reads. "The phrase 'must have' provides zero degree of sufficient certainty. Additionally, the word 'near' is equally vague and provides no certainty."

"There is no scientific test to determine when these injuries occurred, just guesses," the defense says. "As this Court is aware, our criminal justice system is not intended to convict individuals based on guesses, but rather facts."

A doctor at the Ann & Robert H. Lurie Children's Hospital of Chicago said the child suffered "the worst brain injury I have ever seen," according to court documents. The doctors determined the injuries were consistent with being shaken and must have occurred during the time he was in the care of Curtis when his former wife and the boy's mother was at her overnight nursing job.

In further arguing for the first two counts to be dismissed, the defense says prosecutors are unable to prove there was "rude, angry or insolent touching."

The boy, who was 6 month old when the alleged abuse is said to have occurred and is now 5 years old, suffered no external injuries or broken bones, according to the defense. While prosecutors say the child's injuries were consistent with being shaken, the defense counters the injuries were also consistent with nearly 50 other medical diagnosis, many of which he was never tested for and none of which would involve criminal behavior.

"Again, the State is attempting to guess Mr. Jones into a guilty verdict using vague and uncertain terminology," the defense says.

The third count should be dismissed because prosecutors are "unable to specify with any degree of certainty what the 'situation' is that V1 (child) was placed in," the motion reads.

"As a result of vague charging, Mr. Jones is apparently expected to defend himself against guesses," the defense team says.

After numerous continuances over the years, the case is now set for a nine-day trial starting Jan. 4, which which will be 5 1/2 years from the date Jones is accused of injuring his son.

The latest delay was sought by Vouga and Barnes, who took over the case in January from one attorney who died in 2019 and another who was disbarred just last year.

Porter Superior Court Judge Mike Fish was to hear the arguments to dismiss Monday afternoon, but is not expected to rule into later this week.

Jones left the Porter County Sheriff's Department in October 2005.

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