A man who was recently convicted at trial of felony domestic battery has received the maximum sentence, announced Franklin County Prosecutor Chris Huerkamp.

On Oct. 27, Brandon Ashby, 35, was found guilty by a local jury of Domestic Battery as a Level 6 Felony, following a two-day trial before Franklin Circuit Court Judge Clay Kellerman. 

On Tuesday, Nov. 21, Judge Kellerman handed down the maximum sentence for Ashby—30 months in the Indiana Department of Correction with no time suspended to probation.

According to the probable cause affidavit, the battery charge was filed as the result of an incident on Dec. 25, 2020. The victim reported it to authorities three days later, on Dec. 28, 2020. Deputy Jeremy Noah of the Franklin County Sheriff's Department handled the investigation. 

According to Deputy Noah's affidavit, the victim described that she suffered a black eye and lump due to Ashby striking her after she confronted him about relationship issues. She also stated her neck was swollen because Ashby put her in a headlock while dragging her into a bedroom. According to the affidavit, all of this was done in the presence of their 2-year-old child-in-common. When Deputy Noah followed up with the victim the next day, she sought additional medical attention for the injuries she sustained as a result of the incident.

At trial, the victim testified in great detail regarding the above-described incident. The prosecution also called a forensic nurse examiner from Community East Hospital in Indianapolis to shed further light on the nature and extent of the victim's injuries that she had observed and treated. 

“The victim showed tremendous courage on the witness stand throughout her testimony. The prosecution was also incredibly fortunate to have the assistance of the nurse, who aided greatly in the presentation of the State's case to the jury,” said Huerkamp.

Once the guilty verdict was announced, Judge Kellerman remanded Ashby to custody at the Franklin County Security Center and ordered he remains held pending sentencing.

At sentencing, the defense requested that Ashby receive a 30-month sentence with credit for time already served and the balance of the time suspended to probation. The prosecution pointed out significant aggravating factors and urged the court to impose the maximum sentence. Ultimately, Judge Kellerman sided with the prosecution and ordered that Ashby serve 30 months in the Indiana Department of Correction with no time suspended.
The prosecution was represented at trial and sentencing by Deputy Prosecuting Attorney Blaine Timonera. Huerkamp had high praise for his efforts: “For a lot of reasons, these types of cases can be very difficult to effectively prosecute. Blaine did one heck of a job in his preparation and presentation and represented the Franklin Prosecutor's Office well at all stages of the case.”

Huerkamp further wanted to commend Deputy Noah for the quality of his investigation and assistance during the trial, the victim for enduring the pain of a trial, and the jury for their service.