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Judge won’t accept plea for woman accused of abusing children second time

Kimberly Davis 2009.  | Provided Photo~Sun-Times Media

Kimberly Davis in 2009. | Provided Photo~Sun-Times Media

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Updated: April 2, 2013 6:34AM



Lake Superior Court Judge Diane Ross Boswell refused to accept a plea agreement calling for a sentence split between jail time and an alternative program for a woman charged a second time with abusing her children.

“This is the second time this woman has been in front of me for abusing children — her children,” Boswell said as Kimberly Davis awaited sentencing. “I’d be doing the children a favor by keeping her in jail.”

Defense attorney R. Brian Woodward said he wasn’t certain that prosecutors could prove the allegations beyond a reasonable doubt and argued that the facts of the case didn’t warrant charges of neglect of a dependent, a Class C felony punishable by two to eight years.

Boswell noted when Davis pleaded guilty in the case, she admitted she had been drinking beer and liquor and threatened some of her nine children with a knife.

“I can understand the court’s trepidation,” Woodward said.

“Try outrage,” Boswell responded. “I’m outraged by this. I sent her to jail once for hurting her children and she’s back here again.”

Davis, 34, of 1942 Alabama St., Gary, had been charged with striking two of her children, biting her 14-year-old son and ordering him to leave and not return. Court records indicate that Davis threatened to kill the children with a kitchen knife. When police arrived, she hid the knife behind a chair.

Woodward noted his client has spent 154 days in the Lake County Jail, but that didn’t sway the judge’s position. “I’m not accepting this plea,” Boswell said.

Davis has a status hearing on March 21.

In December 2009, Davis was sentenced to two years for two counts of battery in a neglect case. The Indiana Court of Appeals modified her sentence to 18 months on each count.



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