In December 2008, Jay C. Unger, 56, was found guilty by a jury of battering his brother-in-law Jack Mace in a September 2007 attack. He was convicted 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 felony misdemeanor battery, and was sentenced on Feb. 16, 2009.
During the altercation, Unger hit Mace in the head with a baseball bat. As a result of the attack, Mace sustained permanent hearing loss and brain damage. Court records said Unger also assaulted his sisters, Gene Ann Judy and Mary Jane Mace, as the incident progressed.
Throughout his trial, Unger maintained that Mace had threatened Unger first and that Unger had acted in self-defense.
Judge Matthew Headley ordered that Unger would serve three years at the DOC, three years on home detention and two years on probation. In addition, Unger was ordered to pay nearly $47,000 in restitution.
According to information at the Indiana Department of Correction Web site, Unger is currently housed at the IDOC's Reception Diagnostic Center in Plainfield. His release date is listed as April 22.
The Reception Diagnostic Center in an intake facility, and visitation is limited to legal representatives and clergy only.
On March 11, 2009, Unger filed an appeal in his case. On April 20, 2009, a verified petition to remand or stay appeal was filed on Unger's behalf.
On June 26, 2009, Unger's attorney, Jeffrey Baldwin of Indianapolis, filed a petition for post conviction relief for his client. The petition alleged several mistakes had been made by Unger's former attorney, Darrell Felling of Greencastle, and stated that the conviction should be set aside because of Felling's errors.
The petition also said Deputy Prosecutor James Hanner, who represented the state in the case, "made improper comments to witnesses in the presence of the jury" and "made improper statements in their closing."
In addition, the petition alleged "the state asked for unauthorized monies in Unger's restitution order."
A hearing for post-conviction relief was set for March 15, but per Unger's request was continued to June 14.