According to documentation at the Clay County Courthouse, Zachariah Joseph Jones, 20, Brazil, and Chelsea Rose Gallagher, 18, Greencastle, were formally charged by the Clay County Prosecutor's Office for their alleged involvement in the incident.
On Monday, Clay Superior Court Judge Blaine Akers accepted a negotiated plea agreement between Jones' attorney Charles Hear and the Clay County Prosecutor's Office.
Jones agreed to plead guilty to a class D felony maintaining a common nuisance in exchange the state would drop the remaining four misdemeanor charges, including possession of marijuana, possession of paraphernalia and two counts of contributing to the delinquency of a minor.
Per terms of the plea agreement, Jones was sentenced to three years incarceration, with all suspended except one year (180 days actual time to be served, with credit for time previously served from Aug. 19). Good time credit is available if earned, and Jones was ordered to pay all fees and fines, report for alcohol/drug counseling, do not possess alcohol, drugs or firearms, be subject to random drug screens and provide a DNA sample to authorities.
On Aug. 19, 2010, deputies from the Clay County Sheriff's Department responded to a complaint of suspicious activity and a request to check on the welfare of an unidentified infant in room 10 of Villa Motel.
Unable to get inside the room, deputies could see Gallagher lying on the bed, apparently unresponsive to the repeated knocking that woke neighbors. Deputies reported an infant child was sleeping in a car seat carrier near the door.
Initially, Jones and two 17-year-old juveniles were not at the motel when the officers first arrived, but they returned later.
Officials discovered party supplies, including marijuana, remnants of burnt marijuana cigarettes, various devices commonly used to smoke marijuana as well as a half-empty bottle of alcohol and an "overwhelming odor of burnt marijuana."
No information is available regarding the outcome of the juvenile cases due to privacy issues.
Meanwhile, Gallagher, who bonded out of jail on Aug. 25, is still facing court proceedings.
On Nov. 30, a motion to grant a jury trial continuance filed by defense attorney Matthew Effner was accepted in Clay Superior Court. Gallagher's jury trial was rescheduled for April 11.
According to Clay County Justice Center officials, Jones will remain incarcerated for the remainder of his sentence at the facility.