Article submitted by James Master, The Pilot News Managing Editor
On Friday morning, Kenneth Lain was sentenced to two years and six months in the Indiana Department of Corrections for Neglect of a Dependent, a Level 6 felony.
Lain was charged with the neglect of his daughter, Mercedes Lain, in August 2021.
Lain appeared via the Marshall County Jail video conferencing. He was represented by Paul Stanko, who was appointed as Lain’s defense by the court. Marshall County Prosecutor Nelson Chipman represented the State of Indiana. Superior Court #3 Judge Matthew Sarber presided over the case.
Lain had pled guilty under the terms of a plea agreement on Jan. 20.
The minimum sentence Lain faced was six months and the maximum sentence was 2.5 years.
Lain gave a statement prior to sentencing. He told the court that he has completed his recovery Matrix program. He also has a recovery coordinator and has made a recovery plan. Upon his release “whenever that may be” Lain plans on going to Recovery Works in Merrillville. According to Lain, that treatment facility has a 30 to 60 days stay that has been approved by his insurance. He also said that he has been approved for Life Treatment Center. If he obtains a referral from Recovery Works, then his insurance will cover that as well. He said he’s trying to use this time the best he can in obtaining counseling and treatment to stay focused on his recovery.
Prosecutor Chipman asked that Lain be sentenced to the maximum of two and a half years due to his prior 11 convictions, one of which was neglect of a dependent. Chipman stated that any sentence less than the maximum would ignore Lain’s criminal history “and diminishes the seriousness of setting in motion the events that resulted in the tragedy of Mercedes’ death.”
Stanko argued that the mitigating factors should be sufficient to lowering the maximum sentence. He said that Lain has been in custody for 186 days as of Friday. Combined with the advisory sentence of one year, he suggested a two-year sentence with part of it being suspended to a year and a half. The balance of that sentence would have Lain on probation. Stanko argued that anything greater than two years would be “excessive.”
Judge Sarber stated that Lain has made his stay in the Marshall County Jail “worthwhile” on his path to recovery, adding that some credit should be given for that. Sarber went on to say that when he looks at the aggravators, he finds that Lain has a prior criminal history. Based on that and his past history of violations with Community Corrections, Sarber said the maximum sentence will be imposed. That sentence will not be suspended.
Judge Sarber said that even though he is imposing the maximum sentence, he encouraged Lain to continue on the recovery path.
Tiffany Coburn, mother of Mercedes Lain, faces the same charge. She has a hearing on a motion to enter a plea pursuant to a plea agreement on Friday, Feb. 25.
