Kokomo Tribune; Kokomo, Indiana

Local News

April 8, 2013

Appeal denied for man charged in child death

James Rice’s 50-year prison sentence affirmed.

The Indiana Court of Appeals denied an appeal Thursday by James Rice, who was sentenced in Tipton Circuit Court to 50 years last year in the 2010 death of 4-year-old Dylan Cast.

In his appeal, Rice claimed the court abused its discretion by failing to consider several mitigating factors and that his sentence was inappropriate in light of the nature of his offense and character.

After reviewing the appeal, the appellate court denied his request and affirmed the sentence.

Dylan Cast died on Nov. 26, 2010, of blunt force trauma suffered at the Hobbs home he shared with his mother, Rice and Rice’s son.

Rice said he was upset with Dylan because of a potty-training accident and spanked the boy one time on the buttocks, according to court records.

Rice waited almost an hour before calling 911, according to Tipton County Prosecutor Jay Rich.

During sentencing, Dr. Tara Harris, a child abuse pediatrician, testified that “she has never seen a child with a spinal injury this severe.”

She further testified that a tremendous amount of force would have been required to cause the injury and that it could not have been caused by a spanking as Rice contended.

In sentencing Rice, Judge Thomas Lett stated, “I think you’ve minimized your actions in this situation. [Dylan] didn’t die from being spanked. He died from being beaten, beaten by you. ... I really feel, and maybe this will come with time, that until you fully admit what you did that your remorse is hollow to me. To be fully remorseful, you must totally admit what you did to this helpless child, and as I said, I don’t believe you’ve done that. I don’t.”

In June, Rice entered into an agreement in which he pleaded guilty to a Class A felony charge of battery causing death. In return, the state dismissed two charges, a Class A felony charge of neglect and a Class C felony of reckless homicide.

As part of the plea, sentencing was left up to the discretion of Lett.

Lett heard testimony from Rice and Tipton County Prosecutor Jay Rich before handing down the 50-year term Aug. 1, 2012.

For more on this story and other local news, subscribe to The Kokomo Tribune eEdition, or our print edition

Text Only | Photo Reprints
Local News
  • Flooded area - E Murden 01 Jaimz family seeks closure after losing everything Ashley Jaimz and her sister, Amanda Urbina, took a drive through the Cedar Crest neighborhood the other day to view how residents were faring in the wake of a Nov. 17 tornado. The drive was intended to provide some closure to Jaimz, who is still stru

    April 20, 2014 1 Photo

  • NWS - FEMA 03 Kokomo resident whose basement collapsed during flood repairs own home Walter Raderstorf can still remember sitting in his living room inside his home on West Park Avenue, realizing he had escaped a brush with death. “I was in the basement carrying stuff up and I came in here and sat down,” he said. “It wasn’t 30 second

    April 20, 2014 2 Photos

  • Late Kokomo teacher dedicates estate to foundation Longtime Kokomo School Corp. teacher Holly Kirkpatrick will continue to have a positive impact on students thanks to a $38,000 donation from her estate to the Kokomo Public Schools Education Foundation. Kirkpatrick died in November 2012 after teachin

    April 20, 2014

  • flood anniversary Thomas family ready to move on after flood In the Thomas household, few things take precedent over baseball. You’d be hard-pressed to find a couple more dedicated to youth baseball in Kokomo — or anywhere else for that matter — than Michael and Lashanda Thomas, who have passed that love of th

    April 20, 2014 1 Photo

  • OBT - Lutz obit pic James R. Lutz James R. Lutz, 72, Kokomo, passed away at 5:10 p.m. Friday, April 18, 2014, at his home after a courageous battle with cancer. Jim was born Sept. 8, 1941, in Elizabethtown, Ky., to John and Stella (Cartwright) Lutz. In 1961, he married Shirley L. (Mi

    April 20, 2014 1 Photo

  • EasterEgg hunt 10 'Controlled chaos' at city's Easter egg hunt With buckets and Easter baskets in hand, hundreds of kids 10 years old and younger packed Kokomo's Northwest Park Saturday to see who could grab up the most Easter eggs. Organizers split the kids up in three age groups, 0 to 3, 4 to 6 and 7 to 10, wi

    April 20, 2014 4 Photos

  • NWS-FloodFollowDay2-15.jpg April flood brought people together to bail out community

    [Editor’s note: On April 19, 2013, a record flood hit Howard and Tipton counties. Today, we look at some of the financial aspects of the flood. In Sunday’s edition, look for stories about people who were affected, what has changed in the floodplains and how the communities are moving forward.]

    April 19, 2014 1 Photo

  • NWS-KT041914-TwoinjuredinMiamiCocrash-CLG-pic.jpeg Two injured in Miami County crash

    PERU — Two people were injured Thursday afternoon in a two-vehicle crash at the intersection of U.S. 24 and Ind. 19.

    April 19, 2014 1 Photo

  • Farmer loses seat belt fight on appeal

    Denver-area farmer Thomas Fox doesn’t like to wear his seat belt.
    But after his lengthy fight with the Indiana courts over a seat belt violation, Fox may be rethinking his stance.

    April 19, 2014

  • NSC establishes number of transfers

    Northwestern School Corp. has decided how many transfer students the district can accept next school year in compliance with the state's relatively new open enrollment law. This is the first time Northwestern has announced vacancies at each grade lev

    April 19, 2014

Latest news
Featured Ads
Only on our website
AP Video
Raw: Greeks Celebrate Easter With "Rocket War" Police Question Captain, Crew on Ferry Disaster Raw: Orthodox Christians Observe Easter Rite Ceremony Marks 19th Anniversary of OKC Bombing Raw: Four French Journalists Freed From Syria Raw: Massive 7.2 Earthquake Rocks Mexico Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Raw: Church Tries for Record With Chalk Jesus Raw: Faithful Celebrate Good Friday Worldwide Deadly Avalanche Sweeps Slopes of Mount Everest

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.