APLocal News

Indiana court upholds man’s conviction in scalding of boy, 5

PORTLAND, Ind. (AP) — Indiana’s appeals court has upheld a man’s conviction for causing serious burns to a 5-year-old boy by forcing the child’s hands into scalding water.

A Jay County jury had convicted Marcus A. Ternet, 54, last December of battery resulting in serious bodily injury to a person less than 14 years old. He was sentenced in February to 13 years in prison for the May 2011 incident at a Portland trailer home.

Trial testimony indicated Ternet intended to clean the boy’s hands after he had contact with a toad when he took him to a sink routinely not used because the water was dangerously hot.

The boy’s mother said skin was “hanging off” her son’s scalded hands, which were treated at two hospitals.

Ternet’s trial was set to begin in 2012, but he never showed. He was arrested and jailed in 2019.

In his appeal, Ternet maintained there was insufficient evidence to support his conviction and that prosecutors failed to prove his handling of the child was “rude, insolent or angry,” The Star Press reported.

The appeals court disagreed in a 3-0 ruling issued Aug. 6 upholding Ternet’s conviction. Judge Melissa May wrote that, “We find it inconceivable that Ternet could be other than ‘rude, insolent, or angry’ while holding (the boy’s) hands under hot water for the length of time necessary to cause the skin to peel off.”

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1 comment

brettt August 17, 2021 at 2:16 pm

Hold on, now.

The Incident happened in 2011..
The court had their trial in 2012…
He didn’t show, and wasn’t arrested until 2019??!!

Does anyone else see an issue with this?
What the heck has he been doing in the mean time?
…hopefully adjusting the Water Heater from “Super Scalding” down to a mild “Piping Hot”!

Poor kid. No toad juice penetrates that deep. This guy needs more than 13 years, for a time out, with his disregard.

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