PROSECUTOR DIANA MOERS GIVES AN OVERVIEW OF MARCH 2024 CASES
March 29, 2024
Evansville, IN – Prosecutor Diana Moers announces an overview of jury trials and sentencing that occurred in March 2024.
Child Molester Sentenced to 35 years after Jury Trial
On March 8, 2024, Timothy W. Vaughn was sentenced to 35 years for Child Molesting, a Level 1 Felony, and 6 years for Incest, a Level 4 Felony; the sentences are to run concurrent to each other. The Honorable Magistrate Judge Kelli E. Fink of the Vanderburgh County Circuit Court presided
In May of 2023, Holly’s House conducted a forensic interview with a child who stated Timothy W. Vaughn had molested them several years back. The Evansville Police Department was able to verify the dates, location, and descriptions the victim gave, ultimately leading to charging Vaughn with the crime. Vaughn was found guilty by a jury on February 13, 2024.
The victim’s family spoke at the sentencing hearing before Vaughn received 35 years. “I am happy that our victim was surrounded by family and received the justice they so deserved. After keeping a secret for several years, they can finally move forward with the next chapter of their life. They can sleep better at night knowing their molester is no longer on the streets,” stated Deputy Prosecutor Amanda Honaker. “Because of the brave survivor in this case, this Defendant will never have access to another child. The jury listened to the difficult testimony in this case and, because of the courageous efforts of the survivor to tell their story, the Defendant will spend the rest of his life behind bars for his depraved acts. Due to the hard work of my office and local law enforcement, and the cooperation of the survivor and their supportive family,
Vanderburgh County is safer today. I hope that healing can begin with the perpetrator behind bars and out of our country,
” Prosecutor Moers replied. Defendant Found Guilty by Jury of Reckless Homicide and Attempted Murder After Week-long Jury Trial
On March 15, 2024, after a week-long jury trial, Austin D. Ousley was found guilty of Reckless Homicide, a Level 5 Felony (punishable by up to 6 years), and Attempted Murder, a Level 1 Felony (punishable by up to 65 years). The Defendant also admitted to using a firearm in the commission of the crime so the court can consider enhanced sentencing in this case which can add 5-20 years to the sentence. The State will argue for consecutive sentencing. The Honorable Judge Robert J. Pigman of the Vanderburgh County Superior Court presided over the jury trial. On February 27, 2023, brothers Chad and Shawn Wildt drove to their family’s property on 5100 Cypress Dale Road after trail cameras and family alerted them that unknown persons were on the property. Upon entering the property, a confrontation occurred where the Defendant testified he shot an unarmed Chad Wildt in the face.
Testimony revealed that the Defendant fired 3 shots – one directly at Chad Wildt. Shawn Wildt was fatally injured when one of the shots fired by the Defendant struck him in the back.
While the Defendant admitted to firing a weapon at the unarmed Chad Wildt, he denied seeing Shawn Wildt when firing his weapon. The Defendant unsuccessfully claimed self-
defense against the unarmed Wildt brothers.
Deputy Prosecutor Heath Tuley, representing the State in this case, presented over 300 exhibits to the jury including witness testimony, trail camera photos, the 911 call, Ousley’s confession video, and more digital evidence.
“This case required the jury to listen carefully to a large amount of evidence and make complex decisions. I am extremely proud of Mr. Tuley’s efforts in delivering the information clearly to the jury through hundreds of exhibits and hours of witness testimony. I hope that the families of all involved in this tragic case can find healing through telling their stories at the sentencing portion of this matter.”
Moers also commends law enforcement for their efforts: “Our Sheriff’s Deputies did an amazing job on this difficult case— Det. Jackie Junker did an outstanding job on the initial investigation and Sgt. Hertweck Jr., Detectives Lasher, Toopes, Roberts and Sgt. Elrod made sure no stone went unturned. Deputies Fentress, Henehan, Luigs, and Gorman all played critical roles in this matter as well- each doing their part to make sure the scene was processed professionally and precisely while Evansville Police Department, including Sgt. Offerman and K9 Officer Cash, offered critical assistance after the initial run-call to apprehend the Defendant in the city. Due to these agencies working together seamlessly, as well as several good Samaritans who stopped to assist immediately after the shooting, Chad Wildt survived to tell his story to the jury.”
Sentencing is scheduled for April 23, 2024, in front of the Honorable Judge Robert J. Pigman of the Vanderburgh County Superior Court.
Defendant Sentenced to 2 years of Executed Time and Ordered to Pay $3,000 for Resisting Arrest and Causing Officer Injury
On March 19, 2024, Destinee Grace Littlepage was sentenced to 2 years in the Indiana Department of Correction for crimes she committed on December 17, 2023. Littlepage was also ordered to complete a mental health evaluation and treatment and ordered to pay $3,000 of posted bond to Officer Harrington as restitution. On February 21, 2024, Littlepage pleaded guilty to Resisting Law Enforcement Resulting in Bodily Injury, a Level 6 Felony; Public Intoxication, a Class B Misdemeanor; and Disorderly Conduct, a Class B Misdemeanor. The Honorable Judge Robert J. Pigman of the Vanderburgh County Superior Court presided over the sentencing hearing which was argued by Prosecutor Moers and Chief Deputy Winston Lin. Moers and Lin successfully argued for the bond revocation while this case was pending due to the failure of the Defendant to follow court orders. At the sentencing hearing, the Prosecutor and Chief Deputy presented body camera footage, jail phone calls of the Defendant discussing the incident, and officer testimony to successfully argue for a 2-year sentence and an order of $3,000 of restitution for the injured officer.
On December 17, 2023, officers responded to a domestic violence call. Upon the arrival of Evansville Police Officers Harrington and Alexander, the officers attempted to separate the subjects. The scene devolved into chaos when Destinee Littlepage refused to let go of the other subject and resisted the commands of Officer Harrington. Eventually, Littlepage and Officer Harrington ended up on the ground with Officer Harrington suffering severe injury to his eye. The Defendant, who is 18, admitted to being intoxicated at the time of the incident. There was an active protective order between Destinee Littlepage and the other subject at the time of the incident.
Prosecutor Moers stated: “This matter underscores the dangerous nature of domestic violence situations; domestic violence has many victims and unfortunately can often be a very volatile scene for responding officers who are arriving to assist. When officers answer the call, it is unacceptable that they must then fight for their safety or lives. My office takes very seriously cases where resisting arrest occurs because it can quickly lead to severe injury to law enforcement and others. I am grateful that Officer Harrington and Officer Alexander did not suffer worse injuries and thank them for their efforts.”
The Co-Defendant in this matter will have his case heard in Monroe County, Indiana.
Jury Finds Defendant Guilty of Possession and Resisting Law Enforcement On March 26, 2024, a jury found David Alan Flaherty guilty of Possession of Methamphetamine, a Level 4 Felony, and Resisting Law Enforcement, a Level 6 Felony. The Honorable Magistrate Judge Celia M. Pauli of the Vanderburgh County Circuit Court presided.
On April 24, 2023, State Tropper Aaron Hadley conducted a traffic stop on David Alan Flaherty who was excessively speeding on his motorcycle down the Lloyd Expressway. After conducting a BMV check, it was found that the Defendant had a prior suspended license. Evansville Police Department K9 Officer Jaylen Blair arrived at the traffic stop as a backup. The Defendant had a knife on his side which the Officers indicated they were going to remove for their safety. The Defendant then stood and began to flee the scene on foot. After a pursuit on foot, the officers were able to apprehend Flaherty and a pat-down search revealed Flaherty owned Methamphetamine and a glass pipe. The Defendant became unresponsive, and naloxone was administered to him by the officers on the scene. He was then transported to Deaconess Midtown for treatment. Officer Blair sustained cuts and minor injuries from the incident. Deputy Prosecutor Keaton Maurer presented officer testimony, lab results on the Methamphetamine, Indiana State Police Lab Chemist testimony, crime scene photos, and body camera footage during the trial all in aid of securing the guilty verdict.
Sentencing is scheduled for April 17, 2024, in front of Magistrate Judge Celia M. Pauli of the Vanderburgh County Circuit Court
In each of these cases, Prosecutor Moers extends her deepest gratitude to her staff for their constant efforts
