Franklin County Prosecutor’s press release (edited)
A Fillmore, Indiana woman was sentenced to 18 months in the Franklin County Security Center after a jury found her guilty of battery on an 8-year-old male camping near her at Haspin Acres.
According to Franklin County Prosecutor Chris Huerkamp, on Thursday, June 9, a local jury returned a guilty verdict against Lynn Allbrook, 51, of Fillmore, Indiana, following a two-day trial before Franklin Circuit Court Judge Clay Kellerman. Allbrook had been charged with Battery on a Child, a Level 6 Felony, as the result of an incident that occurred on September 5, 2020, at Haspin Acres Off-Road and Motorcross Park in Laurel.
On Tuesday, June 28, Kellerman handed down an 18-month sentence for Allbrook — six months in jail at the FCSC followed by a year of felony probation.
At trial, the victim, who was only 8 years old at the time of the offense, testified that he and his family had been enjoying a Labor Day Weekend camping trip. Allbrook, a complete stranger, was staying with her husband at an adjoining campsite. That evening, the victim and a few young friends were throwing tiny wood chips at a fire in the vicinity of Allbrook, who was sitting in a chair. Allbrook — who later claimed that the boys were throwing small rocks at her–exploded in rage and chased after them, eventually cornering the victim on the bed of a nearby pick-up truck. According to his testimony, she then punched him in the face three times, leaving him with a bloody nose, busted lip, and large bump to his forehead.
The victim’s mother, who returned to the campsite following a short ATV ride with his father, was greeted by a barrage of insults from Allbrook and the sight of her bloodied 8-year son. She immediately called the police, who responded to the scene soon after.
Franklin County Sheriff’s Department Deputy Dusty Hill took the lead in the investigation, and obtained statements from additional witnesses, the victim, and Allbrook — all of which was captured on his dash camera and audio. Three of these witnesses — who were complete strangers to both Allbrook and the victim’s family — travelled from more than two hours away to testify at trial on behalf of the prosecution, and corroborated the victim’s account of the events.
Hill gave an account of his investigation and described how Allbrook’s demeanor and behavior at the scene indicated that she was intoxicated. She was arrested on the night of the incident, but later posted bond and remained out of jail pending trial.
“She (Allbrook) made this a nightmarish trip for this family,” Huerkamp said in his press release, referring to the victims.
At sentencing, the defense requested that Allbrook receive a sentence fully suspended to probation, or to consider a period of house arrest in the alternative. The prosecution argued that aggravating factors had been presented and urged the Court to impose a significant period of incarceration as part of any sentence. Ultimately, Kellerman sided with the Prosecution and remanded Allbrook to jail to begin serving her six-month sentence.
The Prosecution was represented at trial and sentencing by Deputy Prosecuting Attorney Blaine Timonera. Huerkamp had high praise for his efforts.
“Blaine worked very hard to prepare for this case, and it showed in the Courtroom. He did a remarkable job in the trial and quite capably represented the Franklin Prosecutor’s Office at all stages of the case,” Huerkamp said in his press release.
Huerkamp further commended Hill for the quality of his investigation and assistance during trial, the witnesses who travelled from out of town to provide the jury with a full accounting of the events, the victim and his family for enduring the pain of trial, and the jury for their service.
