Originally facing a class B felony criminal deviate conduct charge stemming from an investigation by Indiana State Police, Rick L. Hayes, 48, Brazil, entered into a plea agreement with the Clay County Prosecutor's Office in Clay Superior Court on May 29.
Hayes agreed to plead guilty to a class D felony amended charge of intimidation and an amended class B misdemeanor battery charge.
On Oct. 15, 2008, the family of a male juvenile contacted ISP and met with authorities to discuss details about an incident involving Hayes and the victim. Using that information, officials obtained an arrest warrant for Hayes and a search warrant for his home the following day.
During testimony of the factual basis of the case, Hayes admitted touching the victim in a rude and angry manner without consent and that he "intended" the actions to be of a sexual nature.
Clay County Prosecutor Lee Reberger told The Brazil Times his office worked closely with the victim's family to come to a plea agreement that would "vindicate the victim and lead to Hayes' admission of guilt."
"I believe you could say they were relieved with the outcome," Reberger said. "And they are looking forward to moving on with their lives."
Special Judge Matthew Headley sentenced Hayes to serve 18 months with the Indiana Department of Correction on Count 1 and one year on Count 2 to be served concurrently. Given credit for one day of time previously served, Hayes sentence was suspended with the exception of serving 90 days (45 actual) at the Clay County Justice Center.
He will be allowed good time credit and participation in the work release program if earned. Hayes will also be placed on probation for time period of the suspended portion of the sentence.
Officials confirmed to The Brazil Times that Hayes conviction does not qualify him to register as part of the Indiana Sheriff's Association's Sex and Violent Offender list.