Kristopher S. Martin, 27, Brazil, appeared before Clay Superior Court Judge J. Blaine Akers Thursday on a C felony charge of battery resulting in bodily injury, A misdemeanor domestic battery and D felony charge of domestic battery.
According to the probable cause affidavit on file at the courthouse, the charges stem from an incident on Aug. 17. The victim's identity and that of witnesses are being withheld to protect the integrity of the case.
Following up on a tip about a wanted suspect believed to be at a Brazil residence, two officers of the Clay County Sheriff's Department met the unidentified female victim. With apparent bruises and injuries on her body, officers asked the victim what happened. Although admitting Martin beat and punched her in the face during an argument, she refused to provide a statement or file charges and did not want medical treatment. However, the officers were able to take photos of the victim's injuries before leaving.
Two days later, a family member notified officials the victim -- who was still refusing to report the incident -- was being transported to Indianapolis to receive immediate eye surgery to repair damage from the earlier altercation.
On Aug. 24, the CCSD was provided pictures of the victim's injuries, damage done to the home during the altercation and a voluntary statement form from the family member stating there were three witnesses to the Aug. 17 incident. According to the family member, the victim was in "fear for her life" if she reported what happened.
The information was gathered in a investigation report and filed with the prosecutor's office. After review, an arrest warrant was issued and Martin was taken into custody and transported to the Clay County Justice Center on Wednesday.
Appearing by videoconferencing Thursday, Akers issued a no contact order on behalf of the victim and set the matter for a jury trial Jan. 25, 2010. Martin informed the court he would be seeking private counsel.
Due to a prior conviction for domestic battery, which happens to involve the same victim, the prosecutor's office has filed a request for enhancement to Martin's charging information.
Although Prosecutor Lee Reberger is unable to discuss specific details of a pending case, he told The Brazil Times the cooperation of a victim is not necessarily required.
"The State of Indiana may pursue the prosecution of any type of criminal case using a wide range of evidence," Reberger said, "including, but not limited to a victim's statement."
Facing a $50,000 cash bond with no 10 percent allowed, officials confirmed Thursday Martin remains incarcerated awaiting further court proceedings.