New day dawns in court for mother in confinement case

Wednesday, September 25, 2013

After nearly nine months in jail, it's a new name and a new 'do and apparently a new lease on life for a 32-year-old Cloverdale woman.

April Wilson-Witt, charged with helping confine one of her children to a cell-like room with no access to basic human necessities in a Dec. 29, 2012 incident, walked out of Putnam Superior Court a free woman Wednesday afternoon.

Now calling herself April Francis -- taking back her maiden name after being granted a divorce from co-defendant Michael Shane Witt, 34, earlier this year -- she showed up in court with a new appearance as well, nearly unrecognizable with shorter hair and a thicker physique.

Judge Denny Bridges immediately took notice.

April Witt

"You changed your hair," he said as the defendant made her way to the front of his courtroom sporting a shorter, blonder look rather than the long, auburn locks from previous appearances in the well-publicized case.

In a plea agreement, Witt (as she was called in all court documents) pled guilty to a Class C felony count of neglect of a dependent and admitted to one of two petitions to revoke probation.

In return, the Putnam County Prosecutor's Office agreed to dismiss a count of intimidation, a Class D felony, filed for alleged death threats she made against an Indiana Department of Child Services (DCS) caseworker who had come to talk with her at the Putnam County Jail.

Also dismissed was one count of conversion, a Class A misdemeanor, and a second petition to revoke probation.

The agreement stated that Witt -- who has been diagnosed as bipolar and has been receiving treatment through the Hamilton Center -- was to be sentenced to two years in the Indiana DOC with one year of that prison term executed and the balance suspended.

However, her court-appointed attorney, Trudy Selvia, pointed out that Witt already had done her time by spending 289 days in the Putnam County Jail. Since Dec. 29, the woman has either been in jail or on home detention in the case.

"She's had more time served than required in the plea agreement," Selvia said, indicating her client should be released for time served and start probation on Thursday.

Judge Bridges agreed with that argument.

"Your attorney's done you quite a job today," he told the defendant. "You will be released today and be on probation for a year."

"Oh, my God," Witt responded, visibly shaking as she rose from her seat.

"God bless you," she said in Selvia's direction before returning her gaze to the judge to add, "I will not be back."

Her children, however, will not be returned anytime soon, it was noted. Witt still has issues to resolve with Child Services.

The confinement case became public late last year after Shane Witt reportedly became enraged when his 10-year-old stepson spilled sugar on the kitchen floor.

As punishment, he confined the boy to a cell-like room without access to food, water or toilet facilities.

His estranged wife actually advised authorities that he had poked the boy in the head and then elbowed her in the head and face.

It was while interviewing the wife that officers noticed a "strong odor of urine and feces" from a rear bedroom area and found a closed door with a rectangular slit resembling a cell opening.

Officers later discovered a stool with a circular section cut from the seat and positioned over a trash can with a trash bag to collect human waste.

In a plea agreement worked out with Shane Witt this past spring, he is serving a maximum executed sentence of three years in the DOC.

Shane Witt, who was facing two felonies and a misdemeanor as a result of the incident at the Cloverdale home he shared with six children, also pled guilty to neglect of a dependent, a Class C felony punishable by up to eight years in prison.

In exchange for that guilty plea, Prosecutor Timothy Bookwalter dismissed charges of battery causing bodily injury, a Class D felony, and domestic battery, a Class A misdemeanor.