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A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
Appellant Jason Gibbs has six children with Michelle Howisen and four of five additional children with two other women. Gibbs and Howisen have been married twice and divorced twice.
In 2011, Gibbs, Howisen and their six children moved into a house in Wheeler. Their fourth child, K.G., was 13 at the time.
Shortly after moving into the house, Gibbs began molesting K.G. and continued to do so over the course of three years.
Also during that time, Gibbs began sexually abusing N.G., who was one year younger than K.G. N.G.’s abuse also continued for three years.
In 2013, Gibbs and Howisen separated, and Gibbs moved to a house in Portage. Gibbs continued sexually abusing K.G. whenever she visited.
Once after an incident of abuse at Gibbs’ house, K.G.’s aunt and uncle walked in and K.G. ran to the bathroom to cover herself. She eventually told her aunt and uncle that Gibbs had hurt her.
K.G. later reported the sexual abuse to her mother, and Gibbs was subsequently charged with three felony counts in March 2016. Following several delays, the later charged Gibbs with 10 felony counts in January 2022.
During the trial, Gibbs’ daughter Victoria testified that she originally had a good relationship with her father until he inappropriately touched her. Gibbs made an oral motion to strike her testimony, which was granted. Then during a recess, Gibbs orally moved for a mistrial, which the Porter Superior Court denied.
After the five-day trial, the jury convicted Gibbs of both counts of Class A felony child molesting, both counts of Class B felony incest, one count of Level 4 felony incest, both counts of Class C felony sexual misconduct with a minor and both counts of Level 5 felony sexual misconduct with a minor.
Noting that Gibbs had prior felony convictions and gang membership, the trial court sentenced him to an aggregate sentence of 155 years.
On appeal, Gibbs first argued that the trial court abused its discretion when it denied his motion for a mistrial after Victoria’s testimony. But the Court of Appeals disagreed.
“Both the trial court’s instruction and admonition were clear, and we find nothing in the record to suggest that the jury did not follow the instruction and the admonition. As such, we presume that the jury followed the trial court’s admonition and instruction and conclude that the trial court’s timely admonishment sufficiently dispelled any grave peril and justified the denial of Gibbs’ motion for a mistrial,” Judge Rudolph Pyle wrote. “We further note that Victoria’s brief statement in the five-day trial was never mentioned again, and K.G. and N.G. both gave detailed testimony about the specific and repeated sexual acts that Gibbs had perpetrated against them.”
Gibbs then challenged his sentence, but the COA rejected his argument that the 155-year term was inappropriate.
“With regard to Gibbs’ character, we note that the evidence presented at trial about Gibbs’ multiple sexual offenses against his daughters over multiple years reveals the disturbing and manipulative aspects of Gibbs’ character,” Pyle wrote.
Finally, in a footnote, the appellate court addressed Gibbs’ argument that his convictions for Class B and Level 4 felony incest and Class C and Level 5 felony sexual misconduct with a minor violate the prohibition against double jeopardy.
“Here, however, Gibbs was convicted of multiple criminal acts or transactions that occurred over a three-year period of time. There is no violation of substantive double jeopardy because the facts show separate and distinct crimes,” Pyle wrote.
The case is Jason Gibbs v. State of Indiana, 22A-CR-1041.
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