HANCOCK COUNTY — The resolution was a compromise after talks with the victim determined a lesser charge would be the best outcome, officials from the prosecutor’s office said.
So, prosecutors dropped two Level 3 felony counts of rape — each punishable by up to 16 years in prison — in favor of a plea deal.
Brian Bell, 36, Spiceland, was in a Hancock County courtroom last week, where he learned that instead of possibly facing significant prison time, he would get probation for a Level 6 felony charge of criminal confinement. Judge Scott Sirk of Hancock County Circuit Court accepted terms of the agreement on Thursday, Dec. 12, at the recommendation of the prosecutor’s office.
The probation will last for 2½ years. Bell also must abide by a no-contact order, which was a primary concern of the victim.
Deputy prosecutor Catherine Wilson said the office had no choice but to dismiss the rape charges when it became apparent the victim’s testimony would be difficult. She also noted that some issues were going to be presented to a jury that would be difficult for prosecutors to combat.
“This would no doubt have an impact on the state’s ability to obtain a conviction to the standard of beyond a reasonable doubt,” Wilson said.
Bell had been accused of raping a woman in April of 2018. She told police she invited Bell into her Greenfield home after he told her “he needed a friend to talk to.” The woman told police Bell had reached out to her several times because of problems he was having in her personal life.
As they talked, Bell forced himself on the woman despite her repeatedly resisting his advances, she told police, according to court documents.
The woman turned over copies of text messages she exchanged with Bell after the incident. The notes show the woman confronting Bell about his actions and accusing him of raping her, to which Bell apologizes and begs her not to go to police, court documents state.
The woman told police she had known Bell for several years and considered him a friend, the report said.
Bell pleaded not guilty to the rape allegations at the time of his arrest and was out on a $15,000 cash bond when he was sentenced last week.
