HANCOCK COUNTY — After numerous delays over the past several years, a rape trial for a former New Palestine man was set to be heard in Hancock County Superior Court 1 this week. The jury was scheduled to be seated late Monday with opening arguments expected to take place Tuesday morning (today).
Adam Michael Kincaid, 24, 8600 E. Michigan St., Indianapolis, is facing two Level 3 felony counts of rape when compelled by force or imminent threat of force and two Level 6 felony counts of sexual battery when victim compelled to submit by force from an incident involving two women in June 2018. The most serious charges in the case carry anywhere from three to 16 years in prison.
The case was initially opened in August 2021 when Kincaid was first charged with the crimes. Since then, the trial has been pushed back repeatedly due to COVID, witness unavailability and other unexpected issues.
Officials from the Hancock County Prosecutor’s office are handling the case for the state while Kincaid, who has entered a not guilty plea, is being represented by New Palestine attorneys Michael Boring and Christopher Taylor. Judge D.J. Davis will oversee the trial, which is expected to take a couple of days.
The probable cause affidavit states investigators spoke with two females on June 18, 2021, who were identified as victims. The victims told officials they witnessed the sexual assault of each other after a house party on the evening of June 22, 2018.
Officers stated Kincaid, who was 19 years old at the time, was the primary suspect in the investigation, the affidavit said. The first victim stated both she and the other victim were drinking “heavily” the night of the incident. She added that she was in a relationship with a girl in college at the time, and Kincaid had been asking “inappropriate” questions about her having a girlfriend throughout the night.
Investigators stated the victim shared that “everyone was hanging out” as the night progressed when a group of guys, including Kincaid, asked both victims to go with them to a fast food restaurant.
During the car ride, the first victim noted Kincaid was sitting in the middle of the back seat with the victims sitting on each side of him.
The first victim said Kincaid began grabbing her and the other victim “forcing them to do stuff to him,” inappropriately even after telling him that she was in a relationship and “did not want to do anything with him,” the affidavit said.
Court documents detailed some of the more specific details of the sexual encounter and how both victims were reportedly forced to do things they didn’t consent to. The first victim advised that she and the second victim were both crying at the time and that the driver and passenger “did nothing” to stop Kincaid’s actions, the affidavit said.
When investigators questioned the second victim, she confirmed several details from the evening and added she didn’t remember everything because she was going “in and out of consciousness,” the affidavit said.
Taylor, one of Kincaid’s attorneys sent the Daily Reporter an email when Kincaid was first arrested that stated, “Adam Kincaid is adamant that he is innocent and that the charges against him are entirely unfounded. They are based solely on the recollections of two young women who, by their own admission, were highly intoxicated on the night in question, and who did not report to police until more than three years after the events of that evening.”
Kincaid, a 2017 New Palestine High School graduate, is also facing a different rape charge in Marion County from a completely different incident in March of 2021. That trial in Indianapolis is scheduled for Sept. 18 in Marion Superior Court 31. In that case, Kincaid is facing a charge of Level 3 felony rape and a Level 5 felony count of criminal confinement.