Jury convicts Unger on battery charges

Friday, December 19, 2008

After a three-day trial, a jury deliberated for just over two hours Friday before convicting a Greencastle man on five charges connected to a September 2007 battery.

Jay C. Unger, 55, will be sentenced Jan. 15 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. He could be sentenced to over 30 years in prison.

On Sept. 9, 2007, 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.

On the stand, Judy said her brother-in-law's head "popped like a melon," and that after Unger hit him, Mace staggered and fell to the ground, bleeding profusely from the nose and ears.

Judy testified that she only saw her brother hit Mace once, but court documents said that "one of the two suspects struck Jack in the head with the bat and continued to hit him about his body."

By the time police arrived at the scene, the Ungers were gone. Officers later secured a search warrant for the truck the two men had been riding in, and discovered the blood-stained bat used in the attack on Mace.

The Ungers were both arrested and posted 10 percent of a $10,000 bond. After several hearings and continuances and the court's rejection on July 31 of a proposed plea agreement, Jay Unger's finally came to trial Wednesday.

The last action on Jarod Unger's case was the filing of a deferred prosecution agreement on June 30.

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.

Jarod Unger told police there had been "an ongoing altercation concerning ownership and management of the family farm."

Jarod Unger also maintained that Jack Mace had picked up an iron rod and attempted to strike Jay Unger during the fight, and that "Jay attempted to block Jack's swing with the rod and the bat, that Jay was holding, slid down the rod and struck Jack in the head."

Jay Unger never denied striking Jack Mace with the bat.

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  • Kudos to Mace for taking on 2 men for the rescue of these two women. Is he still recovering from his injuries?

    -- Posted by Xgamer on Sat, Dec 20, 2008, at 6:31 AM
  • there must be some underline problems other than this, however, anyone hits me or my family with a bat, i know i would try to take it and use it on my/their attacker.

    this is a mess, mace stood up for the women yes, good deal but, know your limitations with the person you attacking, call the police, let them take the blunt of someone's rage, it sounds as if unger was protecting family, unger went from suspect to victim in the middle of the ruckus.

    here's where two wrongs don't make a right!

    -- Posted by gottokno on Sat, Dec 20, 2008, at 12:35 PM
  • 3 lefts make a right

    -- Posted by manintenn on Sat, Dec 20, 2008, at 1:52 PM
  • This is a sad situation - this isn't what family is supposed to be about.

    -- Posted by Scripted Spontaneity on Sat, Dec 20, 2008, at 3:57 PM
  • Could get 30 years?-I will be surprised if that happens. Our court system has been so lenient on quite a few cases the last few weeks. Probably another slap on the wrist-house arrest and probation. Sounds to me like he needs mental help or alot of family fueding getting esculated. How do we expect other countries to get along and hope for world peace when our families are at war with each other.The family that was there could have worked together to work out the issue-if not then things had to be brewing for sometime-they are probably all to blame and all involved. How sad.

    -- Posted by peace2019 on Sat, Dec 20, 2008, at 7:34 PM
  • Jay C. won't get 30 yrs..C'mmon it's Putnam Co... I know this family and Jay C. needs help and so does his son Jarod. I mean anybody that hits a person in the head w/ a bat needs to be locked away for awhile to learn a lesson no matter if they are family or not. Mace almost died in the helicoper twice...

    So even if you think your big stuff Jay C. in Putnam Co. Ur not!! You never have been but you present this image that you are...Come up to Indianapolis and lets see how long you last!!

    -- Posted by colts8718 on Sat, Dec 20, 2008, at 8:44 PM
  • This is a very sad, and traumatizing story, not sad for the Unger family but, for the man who sustained lifelong injuries from this ridiculous argument over farm land. What's more important in life, farming or family? Come on, get real, and get help because obviously the Unger men have deep issues. This is the most ridiculous accident I've ever read in the Banner graphic and I've been reading the Banner Graphic all my life. 30 years behind bars is EXACTLY where Unger needs to be. I pray that putnam county makes the right decision for Jack and his family by putting both Unger men behind bars!

    -- Posted by Cami on Sat, Dec 20, 2008, at 8:56 PM
  • Jack did not deserve this. The Ungers should be locked up. Forever.

    -- Posted by localman on Sun, Dec 21, 2008, at 4:44 PM
  • The Unger's are an amazing family. Did you guys ever think that this was done in self defense? If someone came running out of a house (which is owned by "their" family farm) swinging at them, do you not think that you would swing back when you were scared? I can't imagine what they were feeling. This siuation is horrible. The Judy's and the rest of the family are by no means completely innocent in this situation. Hmmm, how did it start, by one of them entering into a home where one of these "awful" Unger's was living. Seriously there are two sides to every story. I hope none of you end up in a situtation that gets out of hand. I'm sure that you all always act with the upmost restraint, especially when you feel threatened. I'm sure the blogs will start coming about Jack feeling threatened and I do feel bad for his injuries, as I'm sure the Unger's do,as well. However, I'm not sure that his pain is any worse than what the Unger's are going through. Such a Merry Christmas for the poor family... My prayers are with you.

    -- Posted by putnamcountyrefugee on Tue, Dec 23, 2008, at 8:30 AM
  • You are only getting your information on what you hear or read. How many of you were there? Don't pass judgement unless you have all the FACTS! This family is forever torn apart.

    -- Posted by Hawkeye on Tue, Dec 23, 2008, at 8:14 PM
  • Unfortunately, this is a story that has caught my attention and I will continue to follow it, as I feel the need to comment again. Feel sorry for the Unger family? Not hardly. How sad is it that Jack has sustained lifelong injuries all because the Unger men have anger management issues? What "real" man raises a hand at a woman anyway? Please Putnam County, make the right decision here and put Jay C behind bars.

    -- Posted by Cami on Tue, Dec 23, 2008, at 10:06 PM
  • putnamcountyrefugee...you talk bout 2 sides 2 a story...well obviously the Unger's didn't tell you right... It was their MOTHER'S House they were at when this all went down. Number 2 if the Ungers felt soo bad Y did Jay C n Jarod leave after the accident??!?!?!?...Hello both of these men should be in jail...no matter what! So self-defense means killing a man not once but twice in the helicoper ride to the hospital is okay cuz you call that self-defense rt?!?!?

    -- Posted by colts8718 on Fri, Dec 26, 2008, at 11:14 PM
  • I don't think the guidelines for this forum include bashing the individuals and families involved based on information you do not have first hand knowledge. If you have a problem with the proceedings, or the punishment then you need to also blame yourself for not attempting to make Putnam County a better place to live. You vote for judges and officials that you went to kindergarten with, instead of choosing the most qualified individuals. So if you think there is a problem with justice in your community then do something about it instead of saying your ignorant piece behind an anonymous post.

    I hope for the sake of everyone involved in this case that they are able to show their faces at Walmart or anywhere else in Putnam County without sideways glances. Let's treat each other with some respect.

    -- Posted by exPutnamCoGirl on Thu, Jan 8, 2009, at 10:41 AM
  • I agree, I do hope that some of the people involved in this can show their faces in public after telling various stories of what happened that day. It is too bad that people rely on here say to form opinions about people. If you would read the court transcripts or see the actual medical evidence on the case you would know the facts and realize what really went on at the Brick House which belongs to the farm which belonged to Mrs. Unger not to ANY of the children but it is NOT where the mom lived. In looking at evidence, you would also know that Mace was only struck once for sure by Unger. When the Ungers left, they went to the hospital to be treated, they did not flee the scene and that is plainly told by the police. Where did died twice in the helicopter come from? I think some of you have to ask a question to yourselves, would you like for people to pass judgement on you or on your family when false facts have been stated or a story twisted around? It is too bad that the community has mostly heard one side of the story due to one side of the family wanting to try to tell everyone SOME story. You may not have heard the other side because they may have had too much respect for the family and not wanted to have to discuss the incident with everyone else. Plus they may be in shock over what lies have been said. In stead of passing judgment too quickly on people or just believing stories without all the evidence, you should instead be asking what the facts were in this case and if the jury really looked at all the evidence that was given especially when there were so many different stories given on one side. Unfortunately the family has been in turmoil for a long time and unless you know everything that has been going on, you should not even be giving such biased opinions. If any of you know Jay C, you know that he is not an aggressive person at all, some people are just trying to portray him this way now in order to get what they have wanted for a long time and that is what is very Evil and Unfortunate!!!

    -- Posted by justi on Fri, Jan 9, 2009, at 8:18 PM
  • IT IS TRUE THAT MANY PEOPLE WILL BASE THIER OPINION ON WHAT THE PERCEIVE TO BE FACT. HOWEVER, IF WE ARE INDEED GOING TO LOOK AT THE FACTS SURROUNDING THIS TERRIBLE SITUATION, SHOULD WE TURN A BLIND EYE TO THE FACT THAT MR. MACE SUSTAINED SEVERAL INJURIES? WHAT ABOUT MRS. MACE? HOW ABOUT GENE ANN? LET'S TALK ABOUT FACT, AS OPPOSED TO OPINON.

    REGARDLESS OF WHO OWNED THE HOUSE, WHO LIVED IN THE HOUSE, THE FACT IS UNGER WAS IN THE HOUSE. THE FACT IS BOTH UNGER AND MR.& MRS. MACE,SUSTAINED INJURIES. EVALUATE THE EXTENT OF THOSE INJURIES. UNGER SOUGHT OUT MEDICAL ATTENTION, UNDER HIS OWN POWER AFTER THIS INCIDENT. WHILE MR. MACE HAD TO BE FLOWN BY HELICOPTER TO A FACILITY MORE SUITED TO PROPERLY CARE FOR HIS INJURIES. WE CAN'T TALK ABOUT HOW THE ALTERCATION BEGAN, OR WHAT CIRCUMSTANCES LED UP TO THE ASSAULT. WHAT WE CAN EXPLORE IS THAT:

    1. TWO WOMEN WERE ASSAULTED.

    2. UNGER WAS ASSAULTED

    3. MR. MACE (JACK) WAS ASSAULTED

    IF YOU ENTER A HOME, INVITED OR NOT, AND YOU ARE ASKED TO LEAVE AND YOU DON'T YOU ARE IN VIOLATION OF THE LAW. IF YOU STRIKE ANYONE, YOU ARE IN VIOLATION OF THE LAW. IF THERE IS AN INCIDENT, AND YOU LEAVE THE SCENE OF THAT INCIDENT, YOU ARE IN FACT IN VIOLATION OF THE LAW. NOW THE GREY AREA-ONE PARTY ACTED IN SELF DEFENSE. IT IS IMPOSSIBLE FOR TWO PARTIES TO ACT IN SELF DEFENSE OPPOSING ONE ANOTHER.

    LET US REMEBER THAT UNGER WAS IN THE HOME THAT JACK AND MARY JANE HAVE SHARED FOR MANY YEARS.

    (IF) UNGER ACTED IN SELF DEFENSE, THEN AFTER JACK WAS ON THE GROUND, HE NO LONGER POSED A THREAT TO UNGER. WHAT THREAT DID EITHER OF THE WOMEN POSE TO UNGER? THE FACT IS EVEN IF UNGER ACTED IN SELF DEFENSE, HE HAD MORE THAN ONE OPPRITUNITY TO REMOVE HIMSELF FROM THE SITUATION AND CONTACT AUTHORITIES, HOWEVER HE FAILED TO DO SO, EVEN AFTER THE ALTERCATION OCCURED. SO IF WE SET ASIDE PERSONAL BELIEF, AND FOCUS ON FACT, THEN THE FACT IS UNGER ENTERED A HOME, STRUCK (AT THAT POINT) TWO HELPLESS WOMEN, AND BRUTALLY ASSAULTED A MAN USING A WEAPON. THERE IS NO TRIAL HERE. UNGER HAS BEEN FOUND GUILTY IN A COURT OF LAW, BY A JURY OF HIS PEERS. THAT IS FACT. THE FAMILY OF BOTH PARTIES NOW WILL SUFFER. WHEN AN INDIVIDUAL EVALUATES A SITUATION WITHOUT REGARD FOR FACT, IGNORANCE BECOMES PRODOMINET IN THAT INDIVIDUALS STATEMENT. A WELL RESPECTED WOMAN I KNOW LEAVES EVERY CORROSPONDENCE WITH A QUOTE THAT I WILL SHARE WITH ALL OF YOU. "THE MORE YOU KNOW, THE BETTER DECISIONS YOU MAKE. INFORMATION SHARED IS INFORMATION MULTIPLIED." OPPRITUNITY FAVORS THE PREPARED MIND.

    RESPECTIVLY SUBMITTED FOR CONSIDERATION-

    -- Posted by SAINT on Fri, Mar 13, 2009, at 4:46 PM
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