By Liz Shepherd
InkFreeNews

Damonte Latorensene Phillips

WARSAW — A Warsaw man received a 12-year sentence on two cases, one of which involved engaging in sexual activity with someone underage.

In the first case, Damonte Latorensene Phillips, 22, Warsaw, was charged with sexual misconduct with a minor, a level 4 felony. He was also charged with residential entry, a level 6 felony, in a second case. Two additional criminal charges were dismissed as part of a plea agreement.

As defined in Indiana Code 35-42-4-9, sexual misconduct with a minor is when a person at least 18 years of age performs or submits to sexual intercourse or other sexual conduct with a child who is at least 14 years of age but less than 16 years of age. The offense becomes a Level 4 felony if the acts are committed by a person at least 21 years of age.

Phillips was sentenced in Kosciusko Superior Court One on Monday, March 21.

On Sept. 22, 2021, a Warsaw Police officer went to a residence. Upon arrival at the home, the officer met with a woman who said Phillips was just released from jail and needed a place to stay for a few days until a relative could pick up him up on Sept. 23, 2021.

According to court documents, Phillips had been sleeping on a couch at the home. But, on the night of Sept. 21, 2021, and morning of Sept. 22, 2021, the woman had a sick child that she wanted to sleep downstairs near her. She allowed Phillips to sleep in a second-floor bedroom that night. The woman told the officer that late in the night, she heard a door closing upstairs and thought it was Phillips going to his assigned room upstairs to go to sleep.

The woman was later approached by a child at the home, who appeared upset. When the woman asked if Phillips needed to leave, the child said yes. The woman banged on the door of the room where Phillips was sleeping, and told him to leave and never come back. Phillips eventually came out of the room and left the home. The woman slammed and locked the residence’s door after Phillips left.

After Phillips left, the woman was able to communicate with the child by text message, as the child was reluctant to provide more details as to what happened. The child told the woman they were asleep when they woke up to Phillips engaging in sexual activity with them.

The child completed a forensic interview at the Safe Harbor Child Advocacy Center, recounting the same information in the interview that they provided to the woman.

During the investigation, a Warsaw Police detective received a social media video created by Phillips. In the video, Phillips said he would harm himself, knowing what he did to the child.

On Sept. 23, 2021, the detective was attempting to locate Phillips to complete an interview on the sexual misconduct incident. The detective received information that Phillips was seen entering a home.

The detective went to the home and noticed several lights were on, but nobody would answer the door. While at the home, the detective noticed the residence’s rear entry door was kicked in and left insecure.

Phillips was found hiding in the home.

At the time of these incidents, Phillips was on probation for burglary.

During court proceedings, Deputy Prosecuting Attorney Joseph Sobek read aloud a letter from the victim.

“Sometimes I sit in school and think about what he’s (Phillips) done to me,” read part of the letter. “I can’t let this hold me back in life. I want him to get the longest time in prison to sit and think about what he did. This won’t define me, but what he has done has changed my life forever.”

A letter from the victim’s mother was also submitted to the court.

Sobek said aggravators in the case included Phillips’ criminal history and a prior probation violation.

“(The victim) has to live with this every day for the rest of (their) life,” said Sobek. “Damonte can eventually get out of prison and move on. (The victim) cannot.”

Defense Attorney Jay Rigdon said Phillips has publicly expressed his remorse for his actions, noting the social media video Phillips made. He argued that Phillips’ criminal history was not enough for a maximum sentence and recommended probation for the residential entry case.

Kosciusko Superior Court One Judge Karin McGrath said the aggravators in the case had significant weight, particularly Phillips’ criminal history. Judge McGrath also said Phillips submitted a statement to the court which expressed remorse.

“I don’t know if you’re sorry for your behavior or sorry for getting caught,” said Judge McGrath. “Your history comes off as someone who, when they see something they want, they take it. It’s one thing when that’s items. It’s another thing entirely when it’s a human being. I cannot imagine the rebuilding (the victim) has to do, and I can only hope this does not define (them) and that (they) rebuild and come back stronger.”

For sexual misconduct with a minor, Judge McGrath sentenced Phillips to 10 years in the Indiana Department of Correction. He also received a two-year DoC sentence for residential entry, which was suspended on probation. Both counts will be served consecutively.

In total, Phillips received a 12-year prison sentence, with 10 years executed and two years suspended on probation. He has 179 days of jail time credit in this case.

A no-contact order between Phillips and the victim remains in effect. Phillips must also register as a sex offender.