LAFAYETTE, Ind. ― Eliasard Moneus could be formally charged in the death of his infant son on Thursday.
In Indiana, state-level criminal charges are formal accusations of crimes filed by county prosecutors or filed by deputy prosecutors under the authority of the elected prosecutor.
Prosecutors said in a hearing Monday they will formally charge Moneus on Thursday. Tippecanoe Magistrate Sarah Wyatt approved a 72-hour extension to file formal charges.
Moneus has been suspected since Sunday of putting his 3-month-old son, Jacob, into a bucket of laundry detergent, which was thick enough to asphyxiate or smother the infant, causing his death, according to preliminary autopsy results released Monday. It effectively caused the infant's drowning, Tippecanoe County Coroner Carrie Costello said.
What happens Thursday?
Prosecutors will likely file formal charges, which will be accompanied by a probable cause affidavit that substantiates the allegations against Moneus, based on Indiana law for filing charges by affidavits.
According to what prosecutors filed on Monday, the two most serious charges Moneus likely will face is murder, alleging he knowingly or intentionally killed his son, according to Indiana's elements of the crime. He likely also face attempted murder, alleging he assaulted his wife Sunday with the intent to kill her.
Moneus will have an initial hearing Thursday afternoon.
The initial hearing is a routine, matter-of-fact proceeding during which his formal charges will be read to him, as well as the possible prison sentence and/or fine if he is convicted.
Because Moneus apparently does not speak English, a Haitian Creole translator will attend the hearing, as he did during Monday's hearing.
If convicted, how much time might Moneus face in prison?
A person in Indiana convicted of murder faces 45 to 65 years in prison, according to state law. Indiana defendants sentenced for murder must serve 75% of that sentence if they receive credit for good behavior while in prison. So in reality, Moneus faces 33.75 to 48.75 years of incarceration.
A person in Indiana convicted of attempted murder faces 20 to 40 years in prison, according to Indiana law. With credit for good behavior, that sentence is 15 to 30 years of additional incarceration.
Based on previous initial hearings, Moneus likely will be appointed an attorney to represent him, unless he hires private counsel. A deadline to file certain legal defenses will be set. In some cases, Wyatt will set a trial date, and in other cases, she defers to the judge of a specific court to set the trial date.
Typically, the trial date is a formality since most of the time cases are postponed until the defense attorneys and prosecutors are prepared, which might take as long as a year or more.
What happens after Thursday?
If Moneus is charged with murder, it is likely that he will held without bond until his trial is over.
Indiana law allows a person to be held without bond pending trial in cases of murder and treason.
Since he likely will remain incarcerated until trial, Moneus will receive credit off any potential prison sentence for his time in jail during pretrial detention, according to Indiana law.
Moneus will eventually stand trial in front of a jury of 12 Tippecanoe County residents. In other high-profile cases, defense attorneys might ask for a change of venue, citing pretrial publicity as being prejudicial to Moneus' chances for a fair trial. Whether he receives a change of venue is up to the judge in the case.
Alternatively, Moneus might ask for a trial in front of the judge, which is called a bench trial, according to law.
History indicates that sometime defendants such as Moneus plead guilty to the charges or some of the charges either with or without an agreement with prosecutors. Plea agreements often make concessions for the guilty plea, such as agreeing to limit the maximum number of years in prison or to drop lesser charges.
Plea agreements spare victims from having to relive the crimes from the witness stand and can be considered a reason for a lighter sentence, according to previous sentencing hearings covered in the state.
What happens if he's convicted?
Eliasard Moneus is from Haiti. Prosecutors indicated that he might be illegally in the country, according to a bond request form filed Monday. Based on previous initial hearings, Moneus' immigration status will be addressed during Thursday's initial hearing.
If Moneus is still a Haitian citizen, he will be deported after he serves his full sentence, according to Indiana law.
The Journal & Courier will attend Thursday's initial hearing and follow Moneus' case through the court system.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
