Kokomo Tribune; Kokomo, Indiana

Local News

June 26, 2008

Nichols may avoid jail time

Tipton man would receive probation for child abuse

NOBLESVILLE — Dressed in a suit and tie, Aaron Nichols admitted in Hamilton Circuit Court Thursday to fondling and touching two young boys in Tipton and Hamilton counties as part of a recommended plea bargain.

If accepted by Judge Judith Proffitt, Nichols, 21, would be sentenced to eight years probation and serve no prison time.

The plea proposal angered a group attending court to show support for the victims.

“That’s not enough for any of us,” April Retherford, a friend of one of the victim’s family said after the hearing.

“We’re hoping [Proffitt] will throw it out,” she said. “He confessed to more than the two offenses when he was arrested.”

Retherford was among about 20 to 25 supporters of the victims who attended the hearing.

Hamilton County Deputy Prosecutor Stephanie Smith said even though the victims’ families did not agree with the plea, she went ahead and filed it to save the child victims from going to trial.

“I found this an appropriate resolution that will save the children the trauma of testifying in a trial,” Smith said after the hearing.

The plea bargain agreed upon by Smith and Nichols’ attorney, Jim Crum, would result in Nichols pleading guilty to child molest as a C felony filed in Tipton County and two C felony child molest charges in Hamilton County.

The Tipton County charges allege Nichols fondled a boy who was 7 or 8 between April 1, 2003, to Nov. 30, 2003. The two Hamilton County charges allege he fondled or touched an 11-year-old boy on two occasion between May 1, 2002, and May 31, 2002.

The plea, if granted by Proffitt, would have Nichols serve six years all suspended with four years of probation on all three charges with the Tipton County and Hamilton County offenses to run consecutive for a total of eight years probation and no jail time. Nichols also would be required to register as a sex offender for 10 years.

Proffitt will make her decision on the plea at an Aug. 13 hearing.

Nichols declined comment after the hearing.

Police initially charged Nichols with a Class B felony charge of deviant sexual conduct and a Class C felony of fondling or touching a minor in Tipton County; and child molesting, a Class B felony, attempted child molesting, a Class B felony and two counts of child molesting, Class C felonies, in Hamilton County.

The charges came after Nichols allegedly confessed the offenses to the Tipton Department of Child Services in March 2006, Smith said.

Nichols turned himself into the Hamilton County jail in February and was released the next day after posting $5,000 bail.

Nichols, who was a minor at the time the alleged offenses occurred, was waived to adult court after nine months of court hearings to determine his status.

Smith and Proffitt took over the case after Tipton County Prosecutor Jay Rich and Tipton Circuit Court Judge Tom Lett recused themselves due to perceived conflicts of interest.

Both men have worked with Nichols’ father, Bob Nichols, the Tipton County coroner, and his uncle, Brad Nichols, a county councilman.

If convicted of the original charges, Aaron Nichols could serve from six to 20 years for each B felony and two to eight years for each C felony.

Mike Fletcher may be reached at (765) 454-8565 or via e-mail at mike.fletcher@kokomotribune.com

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