GUILTY IN - Ryder Stephen, 23 mos, murdered, mom & stepdad arrested, Elwood, 26 Oct 2018 *mom & stepdad guilty*

[Niner]

Wednesday, August 17th:
*Trial begins (Day 2) (@ 8am CT) - IN – Ryder Stephen (23 mos.) (Oct. 25, 2018 found unconscious, Elwood; pronounced dead Oct. 29, 2018) – *Alyson Stephen (23/now 26) “mom” arrested (10/26/18) & charged (11/8/18) with Level 1 felony neglect of a dependent resulting in death & charged (5/16/19) with 1st degree murder. Dismissed (8/16/22) Murder charge. Plead not guilty. $35K cash only bond.
Trial began on 8/15/22 with jury selection. Opening statements began on 8/16/22.
The state’s case is being presented by deputy prosecutor Jesse Miller & Stephen’s attorney is John Reeder. The trial is in Madison Circuit Court Division 1 with Judge Angela Warner Sims presiding.
Court hearings from 11/8/18 thru 8/9/22 reference post #255 here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-13
8/12/22: State's notice of supplemental discovery received & filed.
8/15/22 Monday, Trial Day 1, Jury Selection Day 1: Amended information received & filed. Referred to Judge Angela G. Warner Sims for review. Notice of compliance re State's notice of supplemental discovery received & filed. This matter comes before the Court for jury trial. State appears by Deputy Prosecutor, Jesse Miller & Deputy Prosecutor, Justine Szostak. Defendant appears in person & by counsel, John Reeder. Voir dire held & concluded. Preliminary hearing held & concluded outside the presence of the jury. State moves to orally dismiss count II. Comes now the Court & GRANTS said request. State to formally file said motion & proposed order with the Court. Further, Court GRANTS amended information filed 8/15/22. Defendant orally requests separation of witnesses. Request GRANTED. Comes now the Court & adjourns for the day. Trial to resume 8/16/22 at 8am.
8/16/22 Tuesday, Trial Day 1: Opening statements. No other info available. Trial continues on 8/17/22.
*Jacob Stephen Wootton (26/now 29) “step dad” – Plead guilty on 12/20/21. Sentencing hearing on 3/4/22 for level 1 felony neglect, possession charges & being a habitual offender 3/4/22 Update: Sentenced for all charges to 52 years in prison. The State dismissed a charge of murder, according to deputy prosecutor Jesse Miller.

 

[Niner]

Surprised I found an article on yesterday's hearing!

Doctor testifies second Stephen child had similar injuries

A doctor reviewing the medical evidence in the murder trial of Alyson Stephen said a second child had possible injuries.

www.newsandtribune.com

August 17, 2022

ANDERSON — A doctor reviewing the medical evidence in the murder trial of Alyson Stephen said a second child had possible injuries.

Stephen, 27, Elwood, is on trial in Madison Circuit Court Division 1 charged with the murder of one of her sons in 2018. The trial could go to the jury Thursday.

Dr. Ralph Hicks said Wednesday that Ryder Stephen, 23 months old, had bruising on the upper chest caused by a forceful impact to that part of the body.
[.....]
Jurors were shown the interview of Stephen by Elwood Police Department detective Ben Gosnell on Nov. 1, 2018, two days after Ryder died.
[.....]
Wootton was sentenced by Judge Sims to 40 years following his plea of guilty to neglect of a dependent causing death and 12 years as a habitual offender.

 

[Niner]

screwed up my post...

 

[Niner]

Thursday, August 18th:
*Trial begins (Day 3) (@ 8am CT) - IN – Ryder Stephen (23 mos.) (Oct. 25, 2018 found unconscious, Elwood; pronounced dead Oct. 29, 2018) – *Alyson Stephen (23/now 26) “mom” arrested (10/26/18) & charged (11/8/18) with Level 1 felony neglect of a dependent resulting in death & charged (5/16/19) with 1st degree murder. Dismissed (8/16/22) Murder charge. Plead not guilty. $35K cash only bond.
Trial began on 8/15/22 with jury selection. Opening statements begin on 8/16/22.
The state’s case is being presented by deputy prosecutor Jesse Miller & Stephen’s attorney is John Reeder. The trial is in Madison Circuit Court Division 1 with Judge Angela Warner Sims presiding.
Court hearings from 11/8/18 thru 8/12/22 & Jury Selection (8/15/22) reference post #261 here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-14
8/16/22 Tuesday, Trial Day 1: No info available. Trial continues on 8/17/22.
8/17/22 Wednesday, Trial Day 2: State witness: Dr. Ralph Hicks, reviewed medical evidence. No other info available.
For more info see post #262 (article) here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-14
Trial continues on 8/18/22. Jury might get case today.
*Jacob Stephen Wootton (26/now 29) “step dad” – Plead guilty on 12/20/21. Sentencing hearing on 3/4/22 for level 1 felony neglect, possession charges & being a habitual offender 3/4/22 Update: Sentenced for all charges to 52 years in prison. The State dismissed a charge of murder, according to deputy prosecutor Jesse Miller.

 

[FrostedGlass]

@Niner Good find with the article. They didn't add any info to the court site yesterday.
"Hitting" him on the butt doesn't sound good.
(snips)
Stephen told Gosnell that her former husband, Jacob Wootton, was “heavy handed” when he spanked the children.

“I usually hit Ryder on the butt when he misbehaved,” she said during the recorded interview. “I try not to hit them; I make them stand or sit in the corner.”

Hicks testified that another of Stephen’s sons, a 3-year-old, was examined at Riley Children’s Hospital and injuries were observed.

“There were bruises to both ears, the wrist, over the ribs and one arm,” he said. “Bruising to the ears is very uncommon, quite unusual.”

 

[Niner]

@Niner Good find with the article. They didn't add any info to the court site yesterday.
"Hitting" him on the butt doesn't sound good.
(snips)
Stephen told Gosnell that her former husband, Jacob Wootton, was “heavy handed” when he spanked the children.

“I usually hit Ryder on the butt when he misbehaved,” she said during the recorded interview. “I try not to hit them; I make them stand or sit in the corner.”

Hicks testified that another of Stephen’s sons, a 3-year-old, was examined at Riley Children’s Hospital and injuries were observed.

“There were bruises to both ears, the wrist, over the ribs and one arm,” he said. “Bruising to the ears is very uncommon, quite unusual.”

I was surprised that there would be an article! Glad there was. otherwise we wouldn't know what the heck is going on!

 

[FrostedGlass]

I was surprised that there would be an article! Glad there was. otherwise we wouldn't know what the heck is going on!

I think they should live stream more of the court cases.

 

[Niner]

Here's an article on what happened on Tuesday, 8/16

DCS called to couple's house several times before child died in 2018

Alyson Stephen, 27, Elwood, is on trial in Madison Circuit Court Division 1, charged with the murder of her son.

www.heraldbulletin.com

 

[FrostedGlass]

@Niner Do you think she was lying when she denied allegations? Were they staying at the grandmother's when this happened?

Stephen’s mother, Heather Elbert, testified that the couple and Stephen’s four children resided with them in Anderson in 2018.
...
Ada Day, assessment manager for DCS, said she investigated an incident on July 30, 2018, in which it was alleged Wootton kicked down a door and possibly injured a child.

Stephen contacted several weeks later and denied the allegation stating she hadn’t been with Wootton since March.

 

[Niner]

@Niner Do you think she was lying when she denied allegations? Were they staying at the grandmother's when this happened?

Stephen’s mother, Heather Elbert, testified that the couple and Stephen’s four children resided with them in Anderson in 2018.
...
Ada Day, assessment manager for DCS, said she investigated an incident on July 30, 2018, in which it was alleged Wootton kicked down a door and possibly injured a child.

Stephen contacted several weeks later and denied the allegation stating she hadn’t been with Wootton since March.

Yes, I believe she was lying about this. Why get her boyfriend in trouble - he would probably beat her too for agreeing with investigators.

 

[JerseyGirl]

Elwood mom found guilty in death of her son

Alyson Stephen showed no reaction Thursday when Madison Circuit Court Division 1 Judge Angela Warner-Sims read the verdict of guilty on a charge of neglect of a dependent resulting in

www.heraldbulletin.com

Judge Warner-Sims set sentencing for Sept. 13.

Stephen, 27, Elwood, is looking at a possible 40-year sentence.

 

[Niner]

UPDATE!

Thursday, August 18th:
*Trial begins (Day 3)-VERDICT REACHED! (@ 8am CT) - IN – Ryder Stephen (23 mos.) (Oct. 25, 2018 found unconscious, Elwood; pronounced dead Oct. 29, 2018) – *Alyson Stephen (23/now 26) “mom” arrested (10/26/18) & charged (11/8/18) with Level 1 felony neglect of a dependent resulting in death & charged (5/16/19) with 1st degree murder. Dismissed (8/16/22) Murder charge. Plead not guilty. $35K cash only bond.
Trial began on 8/15/22 with jury selection. Opening statements begin on 8/16/22 & ended on 8/28/22 with a guilty verdict.
The state’s case is being presented by deputy prosecutor Jesse Miller & Stephen’s attorney is John Reeder. The trial is in Madison Circuit Court Division 1 with Judge Angela Warner Sims presiding.
Court hearings from 11/8/18 thru 8/12/22 & Jury Selection (8/15/22) & Trial Days 1-2 (8/16 to 8/17/22) reference post #264 here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-14
8/18/22 Thursday, Trial Day 3: Both sides rested, Stephen decided not to testify during the trial & Deputy prosecutor Jesse Miller & Deputy prosecutor Justine Szostak for the State & Defense attorney John Reeder did closing arguments. It took a Madison County jury 20 minutes to find Stephen guilty in connection with the death of her son. Stephen showed no reaction Thursday when Madison Circuit Court Division 1 Judge Angela Warner-Sims read the verdict of guilty on a charge of neglect of a dependent resulting in death. Judge Warner-Sims set sentencing for 9/13/22. Stephen is looking at a possible 40-year sentence.
For more info see post #271 (article) here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-14
*Jacob Stephen Wootton (26/now 29) “step dad” – Plead guilty on 12/20/21. Sentencing hearing on 3/4/22 for level 1 felony neglect, possession charges & being a habitual offender 3/4/22 Update: Sentenced for all charges to 52 years in prison. The State dismissed a charge of murder, according to deputy prosecutor Jesse Miller.

 

[FrostedGlass]

Wootton's appeal was filed recently. 22A-CR-00728

Here is the summary
SUMMARY OF THE ARGUMENT At the sentencing hearing, Defendant Wootton received a total sentence of fifty-two (52) years, all of which to be served executed in the Indiana Department of Corrections. (Appellant’s App. Vol. II p. 201). It was improper for the trial court to impose such a sentence as the trial court failed to give proper weight to the mitigating factor, and improperly used aggravating factors to enhance his sentence. The trial court improperly considered the age of the victim as an aggravating factor in sentencing, as the age of the victim is an element of the charged offense.
***********
I thought Part II was especially interesting; I've heard judges talk about the worst of the worst. This sounds like a reasonable argument to me but I'm sure the other side will have a different view. There is some kind of problem with the transmission of exhibits and the conforming appendix. It's holding up the State's reply.

II. The court did not give appropriate weight to the mitigating factor of pleading guilty. The Court acknowledged that the maximum sentences should be reserved for the worst of the worst offenders. (Tr. Vol. II, pp. 228). Similarly, as stated in Buchanan, the maximum sentence is reserved for “worst of the worst.” By finding a mitigating circumstance, it’s impossible for Wootton to be the “worst of the worst.”

One would think that the worst of the worst would be an individual who has been found to have no mitigating factors. For this reason alone, it was improper for the court to impose the maximum sentence. The mitigating factor that was accredited to Wootton should be given more weight. To impose a precedent of maximum sentences being doled out despite a guilty plea will undoubtedly create a sense of worthlessness with pleading guilty. If a defendant realizes that he or she will be receiving the maximum sentence whether they plead guilty or not, what incentive do they have to plead guilty?

The trial court failed to give proper weight to the mitigating factors in this case. The mitigating factor of saving the State time and resources of a trial should be given more weight in this case. As Wootton’s trial counsel indicated during sentencing, Wootton was only explained the process of pleading guilty after his last trail counsel was retained. (Tr. Vol. II, pp. 214). Within seven (7) months of hiring his last trial counsel, Wootton entered a guilty plea without the benefit of a sentence cap. (Tr. Vol. II, pp. 214.) The trial court failed to give this adequate weight as a mitigator. If Wootton had received proper counsel from prior attorneys, it’s likely that Wootton would have entered this guilty plea even earlier.

Diminishing the weight given to this mitigating factor, specifically due to how long it took Wootton to enter a guilty plea, is improper. Ultimately, and regardless of whether it took three days or three years, Wootton accepted responsibility for his actions and pled guilty once he was properly advised by counsel.

 

[Niner]

@FrostedGlass - hopefully the sentencing is still scheduled for today....

Tuesday, Sept. 13th:
Sentencing Hearing (@ am CT) - IN – Ryder Stephen (23 mos.) (Oct. 25, 2018 found unconscious, Elwood; pronounced dead Oct. 29, 2018) – *Alyson Stephen (23/now 26) “mom” arrested (10/26/18) & charged (11/8/18) with Level 1 felony neglect of a dependent resulting in death & charged (5/16/19) with 1st degree murder. Dismissed (8/16/22) Murder charge. Plead not guilty. $35K cash only bond.
Trial began on 8/15/22 with jury selection. Opening statements begin on 8/16/22 & ended on 8/18/22 with a guilty verdict. Sentencing on 9/13/22.
The state’s case is being presented by deputy prosecutor Jesse Miller & Stephen’s attorney is John Reeder. The trial is in Madison Circuit Court Division 1 with Judge Angela Warner Sims presiding.
Court hearings from 11/8/18 thru 8/12/22 & Jury Selection (8/15/22) & Trial Days 1-3 (8/16 to 8/18/22) reference post #272 here:
https://www.websleuths.com/forums/t...ad-arrested-elwood-26-oct-2018.398406/page-14
8/18/22 Update: Judge Warner-Sims set sentencing for 9/13/22. Stephen is looking at a possible 40-year sentence.
*Jacob Stephen Wootton (26/now 29) “step dad” – Plead guilty on 12/20/21. Sentencing hearing on 3/4/22 for level 1 felony neglect, possession charges & being a habitual offender 3/4/22 Update: Sentenced for all charges to 52 years in prison. The State dismissed a charge of murder, according to deputy prosecutor Jesse Miller. 8/18/22 Update: Wootton's appeal filed. For summary of the argument see post #273 page 14.

 

[FrostedGlass]

@Niner It is still scheduled for today.

 

[LostOldUserName]

35 YEARS! Stephen sentenced to 35 years in death of her son

 

[FrostedGlass]

@Niner

09/13/2022

Sentencing Hearing Session: 09/13/2022 9:30 AM, Judicial Officer: Warner Sims, Angela G. Result: Commenced and concluded

09/13/2022

Hearing Journal Entry This matter comes before the Court for sentencing hearing. State appears by Deputy Prosecutor, Jesse Miller, in person. Defendant appears in the custody of the Madison County Sheriff and by counsel, John Reeder, in person. Defendant is sworn & examined as to the Pre-Sentence Investigation Report. Sentencing hearing held. For Count I: Neglect of a Dependent Resulting in Death, a Level 1 Felony, the Defendant is sentenced to Indiana Department of Corrections for a period of 35 years. Credit for 1,349 accrued days (MCJ:11/8/18-2/27/19; 4/25/19-9/12/22) plus earned credit of 451 days. Defendant and Counsel acknowledge the accuracy of the accrued credit time as reported in open court. 35 years, less credit, are ordered served at the Department of Corrections. Count II previously ordered dismissed. This case is ordered to run consecutively to 48H03-1801-CM-147. Abstract of Judgment issued. Fees and costs assessed against the Defendant: court costs $185. Defendant is advised of their right to appeal. Defendant indicates they do wish to appeal. Attorney John Reeder is relieved from their Court appointed representation of the Defendant. Notice to be sent to Chief Administrative Public Defender, Bryan Williams, to appoint counsel to perfect an appeal in this matter. Defendant is remanded back into the custody of the Sheriff. JUDGMENT. SENTENCING ORDER ISSUED. (kb) Judicial Officer: Warner Sims, Angela G. Present: Stephen, Alyson Present: Reeder, John Charles Present: Turner, Vivian Present: Miller, Jesse Robert Present: Madison Probation Team 1 Hearing Date: 09/13/2022

09/13/2022

Notice Issued to Parties Come now the Chief Administrative Public Defender, Bryan Williams, and appoints Marietto Massillamany to represent Defendant on appeal. (kb) Noticed: Reeder, John Charles Noticed: Miller, Jesse Robert Noticed: Massillamany, Marietto Vinodh

 

[FrostedGlass]

This was entered twice, notice the file stamp date.

09/13/2022

Correspondence to/from Court Filed Non-party correspondence received and filed. Referred to Judge for review. (kb) Noticed: Reeder, John Charles Noticed: Miller, Jesse Robert File Stamp: 09/09/2022

 

[Niner]

35 years sounds okay with me...

Justice for Ryder!!!!

 

[NowayDee]

I'm confused about this Ryder case.. so the mother suffered abuse so did the baby, cps knew, but didn't take the baby away? and the woman clearly suffering battered women's syndrom who was at work when the baby was beat to death is guilty of what... being a scared victim herself?