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Thursday, May 5, 2016

Sentencing continued despite state's objection

Wednesday, January 28, 2009

Over the objection of the State of Indiana, the sentencing of a Greencastle man convicted of severely beating his brother-in-law has been continued a second time.

Jay C. Unger, 55, was slated to be sentenced Monday on charges of Class B felony aggravated battery, Class C felony battery by means of a deadly weapon, Class D felony criminal recklessness and two counts of Class B misdemeanor battery.

A motion to continue was filed Jan. 16 by Unger's attorney Darrell Felling, and the state filed an objection the same day. The court granted the motion on Monday, and Unger's sentencing was reset for Feb. 16.

After a two-day jury trial in December, Unger was found guilty on all charges against him. He is facing a possible prison sentence of more than 30 years. His original sentencing date was Jan. 15.

Unger's charges stem from a Sept. 9, 2007 incident in which Unger, his brother-in-law, Jack Mace, and Unger's son, Jarod Unger, became involved in a physical altercation that ended with Jay Unger striking Mace in the head with a baseball bat.

Mace was injured so severely that he was flown from the scene of the incident via Lifeline helicopter. He sustained a broken jaw, fractured skull and fractured ribs. He has suffered hearing loss and brain damage, court documents said.

Jay Unger also sought medical treatment after the fight. He suffered bruised ribs and a bruised eye.

Testimony at the trial corroborated court documents that said the altercation took place at the home of Mace and his wife Mary Jane, who is Jay Unger's sister. The fight began when Jay Unger was "in the face" of another of his sisters, Gene Ann Judy, who was also a witness to the scuffle.

Jay Unger first struck Mary Jane and then Gene Ann, knocking them both to the ground.

Jack Mace came out with a baseball bat and struck Unger in the back and shoulder area. Jarod Unger then jumped into the fracas, and Jay Unger managed to get the bat and hit Jack Mace with it.

According to testimony and court documents, the impetus for the entire incident was an argument between Judy and Jarod Unger concerning the movement and placing of debris on the Unger family farm.



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