Sentencing for Aggravated Battery

From Decatur County Prosecuting Attorney Nathan Harter –

Kyle Kilgore was sentenced June 14th by Judge Tim Day in the Decatur Circuit Court, after pleading guilty on February 1, for the crime of Level 3 Felony Aggravated Battery. The parties entered a plea agreement giving Judge Day discretion within guidelines. The agreement had a cap of ten years total, and Judge Day was limited to giving Kilgore only up to five years in prison, with anything above that having to be home detention or probation. Argument was heard on both sides, and ultimately Judge Day sentenced Kilgore to all ten years. Of those ten years, five years were sentenced to be executed at the Department of Correction, but Judge Day did allow Kilgore to undergo the Recovery While Incarcerated program to begin to address his issues with substance abuse. The remaining five years were suspended to supervised probation, one of the conditions of which was that Mr. Kilgore pay the victim’s medical bills.
Prosecuting Attorney Nate Harter represented the State in this case, and expressed satisfaction with the outcome. “The court got this one right. Mr. Kilgore’s lengthy criminal history and escalating severity requires him to sit apart from society for a while. I hope he takes time to reflect on his larger choices in life and his short-term decision- making processes as well. Prison is the right place for him to do this thinking.”
According to publicly available records, law enforcement was called after Kilgore was reported to have stabbed another man. While Officer Jacob Mays went directly to the caller and the victim, EMS responded to provide care, and Sgt. Eric Lusk apprehended Kilgore. When Lusk caught Kilgore, Kilgore had two knives on his person, including one which was bloody. Kilgore was found to have a blood-alcohol content of .157, and was reported to have yelled at the victim, “That’s what you get for (expletive) with my baby-momma.”
Decatur County Prosecuting Attorney Nate Harter wants to recognize Mays, Lusk, and EMS for their quick work on scene and thoroughness on the case. Said Harter, “Kilgore’s record speaks for itself. It includes felony Residential Entry, Intimidation, two separate Invasions of Privacy (violations of a protective order), Resisting Law Enforcement, three separate OWI offenses, three separate Public Intoxications, Public Indecency, two different Disorderly Conducts, Driving While Suspended, and now this dramatic escalation into major felony knife-wielding violence. I truly hope this time away allows him
to gather the strength to turn his life around.”

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