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Friday, Aug. 22, 2014

Unger approved for house arrest

Wednesday, March 24, 2010

(Photo)
Jay Unger
GREENCASTLE -- A Greencastle man who began serving an eight-year prison sentence just over a year ago has been approved for transfer into the Putnam County Community Corrections house arrest program.

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.


Comments
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seems justice is seeing the light in this case now

-- Posted by mrcatfish43 on Wed, Mar 24, 2010, at 9:23 AM

Let's see, you beat someone in the head with a baseball bat causing permanent medical damage....then assaulted your own sisters. Now trying to weasel your way out of it due to other people's mistakes. Give me a break! What's wrong with people these days? Don't screw up and you don't have to worry about who is treating you fairly and who isn't...

-- Posted by bannerstuff on Wed, Mar 24, 2010, at 11:48 AM

This is a big mistake! Usually, I think judge Headley rules pretty good. He has not looked into the history of violence in this man. Lawyers and loopholes make me sick.

-- Posted by not gullible on Wed, Mar 24, 2010, at 12:44 PM

Here's a thought,why don't they let Mr.Mace decide Mr.Unger's fate? After all he is the one most injuried in this case.Also if the lawyer and prosecuter made mistakes,why aren't the repremanded or barred from practice?

-- Posted by obeone on Wed, Mar 24, 2010, at 2:31 PM

I could be wrong but I was under the impression that DOC offenders must serve at least half of their sentence before being released on house arrest.Is this correct? And, if so, is the April 22nd release date half Mr. Unger's sentence time?

I'm just curious.The whole incident is very sad for all involved.

-- Posted by MaryKMagdalene on Wed, Mar 24, 2010, at 4:01 PM

I love this. I post a civil and truthful post and someone flags it. Then it's pulled. If you can't deal with the truth then you must have a problem with the 1st amendment and free speach!!!!!!!!!!!!

-- Posted by crusty on Wed, Mar 24, 2010, at 8:08 PM

No one has a problem with free speech, as long as you can spell it correctly.

This is called the community transition program. The DOC automatically notifies the court when an offender qualifies, and it is usually 180 days or less before the person's release date. The attorneys had nothing to do with it.

-- Posted by LTSmash on Thu, Mar 25, 2010, at 1:40 PM

Congratulations, Jay C! We love you and continue to support you in this mess!

-- Posted by putnamcountyrefugee on Thu, Mar 25, 2010, at 6:15 PM

Ok...Hmmm...the attorneys have nothing to do with the community transition program?....but I was under the impression that attorneys had to file for modification process.This is a modification to this sentence.This was a violent crime and I would be very surprised if the DOC just notifies the court when an inmate is ready to be transitioned back into community.

-- Posted by MaryKMagdalene on Thu, Mar 25, 2010, at 8:53 PM

This is an automatic modification as long as the DOC and the Court approve it. If they want it modified in a different way or earlier than 180 days, then they need an attorney. The petition mentioned in the article was filed by the attorneys, but it is intended to do more than modify his sentence. They are two different processes.

You may be surprised, but that's how it works. I deal with it every day.

-- Posted by LTSmash on Fri, Mar 26, 2010, at 12:35 PM

Thanks LTSmash for the clarification.

-- Posted by MaryKMagdalene on Fri, Mar 26, 2010, at 1:01 PM

banner stuff you need to be better informed on this case or any case you want to talk about if you were there for it and know what happened alot of mistakes happened with this case and lets see the police reports on who brought the bat to the location and who took it away from who . and mr unger had injurys resulting from this too. there,s alot more to this story than is what,s being told. you want to check mr ungers past check it it,s a matter of public record. i,d bet you dont find a thing. now lets check mr maces past and see what we find??? lets keep it simple and not judge til we know and yes his release date is correct for half his time . and you also have to consider if there were any class,s he,s taken to get time cut off his sentence. let,s not get too hasty in what we read. lets actually find the facts out . thanks and have a great putnam county day

-- Posted by mrcatfish43 on Fri, Mar 26, 2010, at 1:39 PM

Let's see..classes? college courses..GED...substance abuse..what class could he have possibly taken? Anger management? There is no time cut for that.

-- Posted by MaryKMagdalene on Fri, Mar 26, 2010, at 3:30 PM

mary k you might want to check on that . there are a host of class,s that can get you time cuts. now does the jail offer them that,s the question ?? because it,s a doc holding facility it,s suppose to . most of these replys about the local prisoners here in putnam county and around just show peoples narrow minds at hard work. that,s why putnam county is dying a slow slow death.

-- Posted by mrcatfish43 on Fri, Mar 26, 2010, at 5:45 PM

I am well aware that the jail is a DOC holding facility. I am also aware that there are some classes that offer time cuts.Not sure what Mr. Unger would have taken in the PCJ...I guess I don't care at this point.I have read the articles concerning this case. He wasn't sentenced until Feb. 2009. That puts his time at a little over a year...not really half but maybe he has time already served before the sentencing included in.The Banner does like to leave details like that out.

I am not narrow minded. I just know that if I take a baseball bat and hit someone with -whether in self defense or not- I would be charged with battery.I would be put in prison and stay in prison. It is a punishable offense. The only narrow minded thing about this is half of Putnam County thinks he should be free because he/his family is well known here. And that's BS.

And if he hasn't had an Anger Management course,it sounds as if he certainly needs one.

-- Posted by MaryKMagdalene on Fri, Mar 26, 2010, at 6:16 PM

If I was member of his family that he harmed I would be afraid for my well being once he is released.

-- Posted by dumpsterdiva2 on Sat, Mar 27, 2010, at 8:43 PM

I think a lot of you need to either read up on the facts of this case and on how the DOC's rules are on managing their DOC inmates. There were no sentence modifications. His sentence has been served to the book. Headley did not modify it at all. 3 years with time and a half served, plus a time cut for a class. DOC does send for inmates. That is the way they always do it. Miss MaryK - you have a very good point- if someone did hit you with a baseball bat you would be charged with battery, so what about Mr. Mace.

-- Posted by justice? on Mon, Mar 29, 2010, at 1:17 PM

I also have to agree that it is amazing when you try to post certain FACTS about the case that are left out in every article written, your post magically disappears. Jay C UNGER has no past anger management issues or priors, let's do look at Mr. Mace though. Also, all you have to do it ask to see the medical doctors transcripts from the trial and it is stated by the doctor that medical evidence shows MACE was only hit once. WOW, how lawyers can argue and how a story turns out if your LAWYER beats the other one bad enough. I wish for once the facts were all put out to the public and then let's see what the public would think about this case.

-- Posted by justice? on Mon, Mar 29, 2010, at 1:28 PM

justice....some of us are not in the know on DOC regulations...that's why I ask questions so that I can understand how someone who APPEARS to have not served 1/2 of his 3 year DOC sentence is still allowed to get out on house arrest.Note-I said APPEARS.All I can do is go by what the Banner tells me and YES I have followed this case. Who hasn't? Perhaps, you work with the DOC or have had contact with them since you are so all knowing.

Furthermore,we are not talking about Mr. Mace. We are talking about Mr. Unger and HIS battery charge. Any wrongdoing in Mr. Mace's past are best left in the past. I am guessing you must be in the half of Putnam County that thinks Mr. Unger was wrongfully charged. And I will reinterate that if I were charged with battery I would more than likely serve my FULL time in prison....but then I am just a average citizen..not an "outstanding citizen" like Mr. Unger.And speaking from the other side Putnam County..Unger is getting off a little to easy.

-- Posted by MaryKMagdalene on Mon, Mar 29, 2010, at 4:47 PM

Fortunately Miss Mary, if you were charged with battery you would not serve your FULL term in prison. No one does unless they are a certain classification of prisoner or unless they do something wrong to get their quote "good time" taken away. The only thing I was addressing particularly to you was the fact that you had a good point that if you struck someone with a bat you would get charged with battery, therefore I meant why did Mr. Mace not get charged then????? I would not just stick up for people just because of who they are but when facts are evident, and not just going by what is in the paper, it is hard not to see some obvious issues in this case.

-- Posted by justice? on Mon, Mar 29, 2010, at 5:17 PM

The saddest parts of this whole ordeal don't even involve Mr. Unger. One of those is that is wife is an upstanding citizen and school employee. She deserves a huge pat on the back for dealing with all the crap I am sure she deals with. Another sad part is while Mr. Unger doesn't serve his full sentence, Mr Mace & his family will serve a life sentence of dealing with the trauma and pain of this incident. I just feel that anymore the justice system is backwards. I understand that Mr Unger was not the only guilty party but he was the only one charged. I am sure Mr Mace may have a past who doesn't.

-- Posted by seriously do people think on Sat, Apr 17, 2010, at 11:32 AM


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