Adam Michael Kincaid (right) stands next to his attorney during a rape trial in Hancock County last year where he was found not guilty. In Marion County this week, he took a plea deal after a hung jury could not decide a different rape case. Kincaid admitted guilt to two different crimes while the rape charge was dismissed.
HANCOCK COUNTY — For the second time in seven months, a former Hancock County man faced a rape trial in the state.
After being found not guilty of rape and sexual battery charges in Hancock County in August 2023, Adam Kincaid had the same type of allegations and charges against him in a Marion County court stemming from an incident there in March of 2021.
This time the outcome was different for Kincaid. After multiple delays, the case in Marion County was finally was presented to a local jury earlier this week.
Kincaid, 25, Indianapolis, was facing a Level 3 felony count of rape and a Level 5 felony count of criminal confinement with bodily injury from an incident in that county where a former childhood friend and school classmate accused Kincaid of assaulting her after she let him stay at her residence.
The victim, who is also a former Hancock County resident, told the Daily Reporter she and Marion County officials from the prosecutor’s office agreed to offer Kincaid a plea deal prior to the start of the trial. However, Kincaid turned the plea deal down as it had a condition that he must register as a sex offender.
The case instead headed to a jury trial overseen by Judge Jeffrey L. Marchal in Marion County Superior Court 31. The case was heard then deliberated by the jury Wednesday afternoon and ended in a hung jury. That’s when Kincaid decided to accept a plea deal without sex offender status, which the court agreed to accept rather than hold another trial.
The plea agreement called for Kincaid to admit guilt to the Level 5 felony count of criminal confinement and a new charge, a Level 6 felony count of domestic battery resulting in moderate bodily injury while the Level 3 rape charge was dismissed.
While a Level 5 felony in Indiana carries anywhere from one year to six years in prison and a Level 6 felony carries anywhere from six months to two and a half years in prison, the plea agreement called for no time to be served at the Indiana Department of Corrections but rather for Kincaid to get three years on probation and serve 26 weeks in a domestic battery class.
Why the terms of the sentencing have been agreed to, still, an official sentencing hearing date has been set for Friday, April 5. That’s where the victim and her family will be allowed to give impact statements to the court, and a court ordered a pre-sentence investigation on Kincaid will be submitted.
As for the now closed local case in Hancock County, Kincaid, who now lives in Indianapolis, was accused of one count of rape, one count of attempted rape and two counts of sexual battery against two different women, who were also his former childhood friends and classmates at a county high school, stemming from an incident in June of 2018.
He was found not guilty on all of those charges in August of 2023 by a jury in Hancock County Superior Court 1.
