WARSAW — A North Webster man charged with three counts of sexual misconduct with a minor received a 22-year sentence in Kosciusko Superior I Court Thursday, Oct. 17.
David Edward Killian, 70, North Webster, was found guilty of the three charges in September, after a two-day jury trial.
Sentences for two of the three counts were ordered to be served concurrently, and Killian was given 463 days of jail time credit, meaning he would not serve the full 22-year sentence at Indiana Department of Corrections.
Killian is accused of having sex with a 14-year-old girl who eventually became pregnant.
In August 2017, a North Webster Police officer spoke with a girl who said Killian had touched her inappropriately. The officer and a caseworker with Child Protective Services then conducted an official interview.
The minor said that on several occasions between March and August of 2017, Killian inappropriately touched her and forced her to have intercourse with him. The girl said she told Killian no several times during the incidents.
In December 2017, the officer received information that she was 7 1/2 months pregnant. After the baby was born, DNA swabs were collected from both the juvenile and the newborn.
The officer then met with Killian and received consent to obtain a DNA sample. All three DNA samples were sent to the Indiana State Police lab for testing. The results determined a 99.9999 percent probability that Killian is the father of the baby.
Killian was represented in court by Attorneys Travis Neff and Adam Turner. They asked Judge David Cates to consider Killian’s poor health when imposing a sentence.
“The defendant’s behavior went from bad to worse to even worse,” Deputy Prosecuting Attorney Brad Voelz told the judge. Voelz told the court that Killian was sexually violating the victim during the time she was pregnant.
Voelz then read a victim impact statement in court prior to Cates determining the sentence.
“He took things away from me that I can’t get back. I wanted to save myself until I got married. I didn’t choose this. Not only myself but my daughter has a life sentence. Can you imagine looking into my daughter’s eyes one day and telling her who her father is?” the letter read in part.
The victim requested that the judge give Killian the maximum sentence allowed.
Of the three counts of sexual misconduct with a minor, one count is classified as a level 4 felony, while the other two are classified as level 5 felonies.
Cates ordered that Killian serve 12 years at IDOC for the first count and five years at IDOC for each of the other two counts, totaling 22 years. Cates then ordered that counts 2 and 3 be served concurrently, meaning at the same time, but consecutive to the first count.
Killian was ordered to register as a sex offender. He was informed that if he wishes to file an appeal, it must be done within 30 days.
Killian asked that Neff represent him in the appeals process.