Jury finds Jacobsen not guilty

On the afternoon of Wednesday, June 15, after about two hours of deliberation, a jury returned a verdict of not guilty on two counts in a case against Chance Jacobsen in Hot Springs County District Court. The case was turned over to the jury at about 1:50 p.m. Wednesday — after a trial which began Monday — and they made the decision prior to 4:15 p.m. to find Jacobsen not guilty on counts of child abuse and battery. A third charge of reckless endangerment against Jacobsen was previously dismissed. The charges stem from a Dec. 8 incident, and involved a two-year-old.

According to an affidavit regarding the child abuse and battery, a caseworker with the Department of Family Services (DFS) was contacted on Dec. 10 by Dr. Jason Weyer. A juvenile’s grandmother, JoEllen Tillack, had brought the child in for medical attention, and Dr. Weyer observed some bruising on the child’s face.

The DFS caseworker contacted the police, and both she and Officer Mark Raymond went to Tillack’s home. The caseworker observed marks on the child’s face consistent with those seen in a photo provided by Dr. Weyer.

Karly SunRhodes arrived a the home, and the caseworker asked her, in a private room, what had been going on. SunRhodes stated the child had been acting up and calling her derogatory names. When asked about the marks on the child’s face, SunRhodes was hesitant to speak about them as she did not want to get Jacobsen in trouble, according to the affidavit. As to why marks appeared on both sides of the child’s face, SunRhodes stated she hit the child as well.

Tillack further told the caseworker that, when pressed about the bruises, SunRhodes said Jacobsen did it while she was present.

In a Dec. 14 interview, Jacobsen said he was out looking for a lost dog when SunRhodes called him and told him the child was acting out. Jacobsen said he told SunRhodes to “pop him in the mouth,” which she did. He further noted his mother used to do that to him.

Jacobsen said when he returned home the child started throwing a fit and called SunRhodes a derogatory name, which is when he got upset and open-handed slapped the child across the face.

During closing arguments of the trial attorney Marcia Bean, representing the State of Wyoming, showed pictures of the child to the jury, noting specifically that he was only two years old at the time. She pointed out that, as a two-year-old, he could have bouts of tantrums and it would be difficult for him to articulate his feelings. Bean also pointed out that, when asked how he got the marks on his face, his sibling said Jacobsen did it, and there was no indication that was a coached statement.

Bean also criticized the police officer who responded regarding the incident, stating he did not take enough time investigating — just over 20 minutes — before considering the incident “case closed,” and pointed out several times that Jacobsen admitted to hitting the child.

Defense Attorney Hope Gebes pointed out the marks on the child’s face were ecchymosis — red marks from broken capillaries under the skin that can last a day or two. To illustrate her point, she showed how a hair tie around her wrist might cause the same effect.

She pointed out the jury heard several times about the “bruises” noted in the case, before even seeing the pictures of the injuries. She further noted the marks never turned to bruises as people typically might recognize them, and the doctor used the term “ecchymosis” to describe the marks.

Gebes further noted the prosecution’s attack on the responding police officer was unwarranted, and he did his job. She asked the jury put the disagreement between the state and the officer aside when determining the verdict.

Though Jacobsen was found not guilty on these two charges, on May 6 he was sentenced to 365 days in jail — with 70 days credit — for a probation revocation. He was given probation Aug. 1, 2014 for use of a controlled substance. However, his attorney, Hope Gebes, is requesting a reconsideration of that sentence based on the not guilty verdict on these charges. The judge will be asked to solely use Jacobsen’s original probation violation to determine his sentence on the probation revocation.