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Tuesday, Oct. 13, 2015

Local man learns charges

Thursday, March 31, 2011

A local man recently arrested on allegations of rape has been formally charged with lesser charges.

The Brazil City Police Department confirmed Justimiano Rodriguez, 27, Brazil, was arrested preliminary charges of rape, battery, sexual battery and criminal confinement for his alleged involvement in an incident involving an unidentified pregnant female victim at a Brazil home March 16.

According to officials, Rodriguez allegedly didn't stop his sexual advances "when told no" by the victim, who was attempting to leave the residence.

The case file was turned over to the Clay County Prosecutor's Office for review and formal charges to be filed.

On March 18, Rodriguez appeared before Clay Circuit Court Judge Joseph Trout to be advised of the formal charges, rights and potential penalties in the matter. Attorney Geoffrey Creason was appointed public defender and a preliminary plea of not guilty was entered for Rodriguez on the formal charges.

Rodriguez was formally charged with class C felony battery resulting in bodily injury to a pregnant woman, two class D felony charges of sexual battery and criminal confinement and a class A misdemeanor domestic battery.

Although the Clay County Prosecutor's Office is unable to comment on specific details of any pending legal matter, officials did shed light on general procedures surrounding how formal charges are filed.

While law enforcement officers provide potential charges to arrest a suspect in a case file, officials confirmed prosecutors are able to use case file information as well as victim statement(s) and other collected evidence to help determine what charges may be filed.

The goal is to file charges against a suspect that can be successfully prosecuted to their fullest extent in a court of law using the available evidence and testimony in a case.

Meanwhile, the prosecutor's office has also filed to revoke Rodriguez's probation for a previous unrelated matter on behalf of the Clay County Adult Probation Department on March 24.

On Wednesday, Rodriguez appeared for the hearing in Clay County Circuit Court. He was advised of the allegations in the Petition to Revoke Probation, including the possible penalties and rights if the state proves the allegations. Geoffrey Creason was appointed as public defender and the case was set for further court proceedings in the matter July 5.

Although he was released on his own recognizance in the matter, jail officials confirmed to The Brazil Times Rodriguez remains incarcerated at the Clay County Justice Center on a $25,000 cash bond (with no 10 percent allowed) to await formal court proceedings on the new case.

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Although most won't agree, I understand the practice of filing only the charges that can be successfully prosecuted, to the fullest extend of the law, and that this is realistic and cost effective. If Rodriguez is found guilty, I hope the current Indiana law allows the sentencing Judge {Trout} the latitude of evoking multiple sentences and running them "CONSECUTIVE" to each other and that the new criminal conduct runs consecutive to the Probation Violation.

-- Posted by CAB (Concerns About Brazil) on Fri, Apr 1, 2011, at 7:40 AM

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