Kalyn Mayorga

WARSAW — A Warsaw woman was sentenced Thursday, Jan. 25, in Kosciusko Superior Court I, on charges related to an incident that occurred in January 2017.

Kalyn Nicole Mayorga, 25, 418 S. Union St., Apt. C, Warsaw, was sentenced for neglect of a dependent, a level 5 felony.

According to the affidavit of probable cause, on Jan. 16, 2017, an officer with the Warsaw Police Department met with two females and a child. One of the females was identified as Kalyn Mayorga, and the child was identified as Mayorga’s child. The affidavit states the child had redness to both eyes, swelling to both upper and lower lip, redness around the mouth, bruising under the chin and a significant red mark spanning from the right to left side of her neck that appeared to be a handprint and consistent with being choked.

The affidavit states that Mayorga was filling out paperwork for a protective order against Caleb Devine, whom she lived with at that time. According to Mayorga, she, Devine and the other female all lived together.

Mayorga advised that she left for work at 6:30 p.m. Jan. 15, at which time the child did not have facial or neck injuries. She told the officer that Devine was babysitting and was home alone with the child until Mayorga and the other female returned home from work at 6 a.m. Mayorga stated when she returned home at 6 a.m. she did not check on the child since the child was sleeping, so Mayorga did not see the injuries until she awoke at 1 p.m.

Mayorga said when she asked Devine what happened to the child, he stated she fell while in the bathtub, and that her neck was injured from a zipper on her pajamas. According to Mayorga, Devine also stated that the child would not stop crying and had thrown a plate of food at him. Mayorga advised that Devine did not seem concerned about the injuries and did not contact anyone for medical treatment. Mayorga reported that she took the child to Kosciusko Community Hospital for treatment at that time.

The officer contacted Child Protective Services and was advised that an active investigation was being conducted with Mayorga and her child. CPS stated that a safety plan was in place with Mayorga which specified that the child was not to be left in the care of Devine for the safety of the child. CPS obtained permission from Mayorga to search her residence to ensure that the living conditions in that environment were suitable for a child. The officer went to the residence. While searching the home, that officer found a smoking devices with burnt residue and a glass container emitting a smell of marijuana in the main bedroom.

Mayorga advised that Devine had battered her a few weeks prior and stated she was concerned for her safety as the violence had escalated. Mayorga agreed that she was aware of the CPS safety plan and knew that the child was supposed to only have supervised visits with Devine. According to the affidavit of probable cause, Mayorga admitted that she knowingly put her child in danger by allowing a violent, short-tempered person to care for her child.

In court today, Judge David Cates sentenced Mayorga to three years in the Indiana Department of Corrections. Cates ordered the sentence to be suspended and served on probation. Mayorga was ordered to pay all initial and ongoing fees,  obtain and maintain employment and attend the Otis R. Bowen Center for an assessment regarding substance abuse and parenting and to follow all recommendations of the Bowen Center. Cates further ordered that the child was to have no contact with Devine.

“Quite frankly I think you need to make better choices as to with whom you associate,” Cates said to Mayorga, noting that she has no criminal history but will now be a convicted felon. Cates added, “I need you to get the help that you need so that you can be a mother to this child.”