Silver Lake Man Loses AppealA convicted child molester from Silver Lake has lost his 24-year prison sentence appeal after the high court denied the judge gave him too much time.
Daniel S. Louvier, 37, formerly of 208 S. High St., Silver Lake, was sentenced Nov. 9 by the late Kosciusko Superior Court I Judge David Cates to 24 years in prison for two Level 4 felony child molesting convictions.
In October, it took a jury less than an hour to convict Louvier after hearing testimony from the two female victims who said Louvier touched them at least 25 times over a period of time while he was their caregiver.
At the trial, Louvier’s public defender, Travis Neff, said his client has always denied the allegations and attempted to form a defense that somehow the children were in cahoots and fabricated the entire story to take Louvier down.
The jury didn’t believe it and neither did the judge when he handed down the maximum sentence punishable to Louvier in November.
On March 19, Neff filed an appeal with the Indiana Court of Appeals arguing that Cates abused the trial court’s discretion when sentencing Louvier to the maximum of 24 years and ignoring case law that requires maximum sentences to be reserved for “the worst of the worst.”
Neff’s apparent argument is that Louvier never penetrated the victims and that the children liked being around Louvier.
At the sentencing, Cates said he could find no mitigating factor, and it was shown Louvier had violated probation three of four different times in the past when he was given the opportunity. Cates also said Louvier had caused significant harm to the two children and committed multiple acts against each.
On Thursday, the Court of Appeals affirmed Cates’ sentence, writing, “We cannot say that the trial court abused its discretion by imposing the maximum sentence possible for Louvier’s convictions. Louvier was in a position of trust and care when he molested two young girls ...”
The Court of Appeals further wrote when it came to not taking into consideration Louvier’s mitigating factor that he was employed and not committed a crime in nearly 10 years by writing, “Whether or not to accept offered mitigating circumstances is ‘the trial court’s call.’ In Louvier’s case, the trial court heard the testimony and considered the evidence presented at sentencing and found no mitigating circumstances of any important, and the trial court was under no obligation to explain why.”
Louvier is serving his sentence at the Indiana State Prison in Michigan City with an earliest projected release date of May 14, 2039.
Upon his release, he will have to register as a sexually violent predator and child molester for life.
