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Guilty.
The one word victims' family members, prosecutors and police wanted to hear was the one word Anthony DeMarco feared most.
Just over four hours after the jury was sent out of the courtroom to deliberate, they came back with a guilty verdict on all four Class A felony child molesting charges against DeMarco tried in Kosciusko Superior Court I this week.
Once they returned with a verdict, jury members were asked to make a decision about aggravating factors that should be considered by Judge Duane Huffer when sentencing DeMarco. Aggravating factors allow the judge to increase the sentence of a convicted person.
The six aggravators in the DeMarco case are: (1) By committing the offense(s) the defendant violated the trust he held with the victim of the offenses; (2) the risk the defendant will commit another crime; (3) the nature and circumstances of the crime committed; (4) the defendant's character; (5) the defendant is in need of correctional or rehabilitation treatment that can best be provided by commitment of the defendant to a penal facility; and (6) the imposition of a reduced sentence or suspension of the sentence and imposition of probation would depreciate the seriousness of the crime.
In order to decide on the aggravators in the case, the jury heard testimony from three witnesses: Kosciusko County Probation Department Chief Correctional Officer Ronald Babcock, Warsaw Police Det. Joe Stanley and the victim's stepmother.
The victim's stepmother told the jury, "(DeMarco) is not the man I thought he was. He came to us as a good person."
When asked what she thinks of DeMarco now, the stepmother, fighting back tears, answered, "He's a monster. ... He took away (the victim's) innocence. ... I can't even fathom someone would do that."
The jury returned with a decision that all six aggravators were applicable in DeMarco's case. With that decision, the judge may sentence DeMarco to up to 50 years in prison for each count. If the sentences are served consecutively, DeMarco could be sentenced to 200 years in prison. He faces a fine of up to $10,000.
Judge Huffer set DeMarco's sentencing hearing for Feb. 20 at 9 a.m.
Since Tuesday morning, jurors in the case heard testimony from 13 prosecution witnesses, including the victim, and one defense witness.
When the verdict was returned around 7 p.m. Thursday, the jury agreed with Chief Prosecuting Attorney Dan Hampton's final argument: "Ladies and gentlemen, Anthony DeMarco is a child molester."
DeMarco is guilty of four counts of child molesting against a boy. DeMarco performed various sex acts on the boy while living in the boy's home from 2002 to 2004.
DeMarco was set to stand trial for another Class A felony child molesting charge and three Class C felony child molesting charges Feb. 20, but trial dates for those charges have been continued indefinitely.
Kosciusko Superior Court I Judge Duane Huffer issued a gag order in the case March 22 after DeMarco's attorney filed a document requesting it, citing media attention surrounding the case and the possibility of tainting the jury pool. Public documents filed regarding the case are still available in the Kosciusko County Justice Building, but officials involved in the case are not allowed to comment.
The Warsaw Police Department and Kosciusko County Child Protective Services began investigating the case March 7.
DeMarco was suspended from his part-time job at the Kosciusko Community YMCA March 9 after the allegations surfaced. The YMCA then issued a letter to its members and released a statement regarding the incident.
Police believe many of the victims were introduced to DeMarco during his employment at the YMCA and related camps and outings. DeMarco was hired at the Kosciusko Community YMCA as the youth sports coordinator in 2001 and held various positions over the past four years. He was a youth center supervisor, climbing wall supervisor and was involved in various summer camps, Kids' Night Out activities and Kids' Club before- and after-school activities.
DeMarco was a fourth- and fifth-grade basketball coach at the former Burket Elementary School, a substitute teacher in the area, a court-appointed special advocate, a volunteer with Big Brothers Big Sisters and a reserve police officer in Mentone and Silver Lake. He also was employed at Whitley County YMCA.
Police established probable cause for DeMarco's arrest after interviewing children who implicated him for allegedly molesting them. DeMarco allegedly befriended parents, then found ways to be alone with their children, usually young boys.
DeMarco appeared and entered a plea of not guilty in Kosciusko Superior Court I in front of Judge Duane Huffer at an initial hearing March 14.
In November, DeMarco's mother Jenny Layne was arrested for allegedly obstructing justice and tampering with witnesses in the case.
On Nov. 7, Layne allegedly contacted a witness scheduled to testify against her son in a trial scheduled for January. Layne allegedly made threats to the victim in an effort to keep the victim from testifying at a deposition.
Layne waived an initial hearing the obstruction case Thursday afternoon.
