Kyle W. Dilts, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Dearborn Superior Court The Honorable Jonathan
Cleary, Judge Trial Court Cause No. 15D01-1310-FA-22
ATTORNEY FOR APPELLANT Leanna Weissmann Lawrenceburg,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Ian McLean Supervising Deputy Attorney General
of the Case
Kyle W. Dilts ("Dilts") appeals his sentence for
Class A felony child molesting. Dilts was convicted of two counts
of Class A felony child molesting for acts that occurred over
a period of three years. The trial court sentenced him on one
conviction and vacated the other. The State successfully
appealed the trial court's decision to vacate the second
conviction, and we remanded to the trial court to sentence
Dilts on the second conviction. The trial court did so, and
Dilts now appeals this second sentence. He argues that the
trial court abused its discretion when it sentenced him and
that his sentence was inappropriate under Appellate Rule 7(B)
in light of the nature of his offense and his character.
Because we find that the trial court did not abuse its
discretion in sentencing Dilts and that Dilts' sentence
was not inappropriate, we affirm his sentence.
Whether the trial court abused its discretion when it
Whether Dilts' sentence was inappropriate in light of the
nature of his offense and his character.
We stated the facts underlying Dilts' convictions in our
opinion for his first appeal, as follows:
In 2011, Dilts was separated from his wife, Samantha Dilts
("Samantha"), with whom he had a daughter, K.D.,
born in March 2001. At that time, K.D. and Samantha lived in
Kentucky with K.D.'s siblings and half-siblings, and
Dilts lived in Aurora, Indiana with his girlfriend, Christie
Rutledge ("Rutledge"), and her children.
During the time when Dilts lived in his house in Indiana, he
inappropriately touched K.D. on multiple occasions when she
visited him. The first time, which was sometime in 2011, K.D.
was in the bathroom when Dilts went into the bathroom and
"started fingering [her]" or touching her in her
"vaginal area" with his fingers "moving in a
circular motion." ([Trial] Tr. 503, 504). Dilts, who was
wearing no pants and had been masturbating, then picked up
K.D., put her on his lap with her facing out, and
"proceeded in fingering [her] again." ([Trial] Tr.
505). Dilts then "[p]artial[ly] inserted his penis into
K.D.'s vagina." ([Trial] Tr. 506).
Subsequently, a few weeks later, Dilts again touched K.D. in
the bathroom at his house in Indiana. Dilts "stuck his
hands down [K.D.'s] pants[, ]" "took all of
[her] clothes off[, ]" picked her up, placed her on his
lap as he sat on the toilet, and "inserted his
penis" into K.D. ([Trial] Tr. 509, 510). At this time,
K.D. saw and felt that Dilts had a "bump" on his
penis. ([Trial] Tr. 510).
On a third occasion at Dilts's house, he went into
K.D.'s bedroom, where she was getting dressed,
"pull[ed] [her] pants down about halfway" and then
"fingered" and "licked" her "vaginal
area." ([Trial] Tr. 511). After each molestation, Dilts
warned K.D. not to tell anyone about what he had
In August 2013, K.D. confided in her friend, T.A., that Dilts
had molested her. K.D. was "shaky" and
"crying." ([Trial] Tr. 388). K.D. told T.A. not to
tell anyone. Around that same time, T.A.'s mother,
Melanie Bowman ("Bowman"), noticed a change in
K.D.'s demeanor from being a "bubbly kid" to
"act[ing] strange" and not wanting to go around
Bowman's husband. ([Trial] Tr. 400). T.A. eventually told
her mother, who then informed K.D.'s mother, Samantha,
about what Dilts had done. Thereafter, K.D.'s allegations
were reported to the Indiana ...