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Following an emotional victim impact statement from the teenage victim and a lengthy statement from the defendant, Kirk Zuber, Kosciusko Circuit Court Judge Matt Buehler handed down a three-year sentence in the Kosciusko County Jail, with two years suspended to be on probation.
His sentencing took place Thursday morning.
Kirk Zuber, 69, of 6161 E. Pickwick Park Drive, Syracuse, will be allowed to serve his one-year sentence on community corrections, if accepted.
Zuber was charged with child molesting, a level 4 felony; domestic battery with bodily injury, a level 5 felony; and sexual battery, a level 6 felony. However, through the plea agreement, which was accepted by the court, he pled guilty to domestic battery with bodily injury, a level 5 felony. The remaining two counts were dismissed.
Before handing down the sentence, Buehler told Zuber he listened very closely to everything said in the courtroom and reviewed all documents in the file.
“This case is full of emotions, emotions I’m sure you feel sitting in that chair. Emotions of your granddaughter sitting in that chair and explaining what happened … I paid close attention, knowing everything about this case. What I know about this case, it is my job to make a decision,” Buehler said.
He stated Zuber’s statement is what gave him the most concern. “You recognized what she already dealt with, knowing already the trauma … but added to it.” He noted incarceration would cause a hardship, but indicated it was not the court that would cause the hardship, it was Zuber, based on his actions.
Buehler did issue a no contact order and made it clear what that meant. He also explained any mistake on community corrections or probation would result in the full sentence being served in jail.
Victim Gives Statement
The victim, Zuber’s teenage granddaughter, took the stand and under oath read an emotional victim impact statement. She stated on July 20, 2023, she was molested by her grandfather. “It’s really too difficult to say what happened out loud,” she stated, noting since then she has felt unsafe, overwhelmed and shocked. She became disorientated that day and tried to lock her bedroom door when she went to sleep.
The victim stated she had to make a decision she felt no 13-year-old should have to make. “I was scared to tell my mom. … know the effects would be life changes.” She told a friend instead, who encouraged her to tell her mom.
She recalled how her family took Zuber’s side and how she has been cut off from her family. “I cannot visit the lake home, enjoy family holidays. I get to spend them alone … I’m being punished and unfairly treated. I’ll never see my grandmother again,” she stated. She noted her grandmother is suffering from cancer.
She hasn’t been able to contact her grandmother because Zuber has her grandmother’s phone and is always with her and she doesn’t feel safe with him around. She expressed how she would like to see her grandmother again one more time before she dies.
The court, and family members and friends of Zuber, heard how her mother sleeps with her and she has a knife under the bed, how her mother checks the house nightly. She has felt hopeless after that night and suffers from anxiety. She has cut his photo out of photographs as it triggers a reminder of the abuse. She has nightmares and when seeing a vehicle similar to his, she freezes and becomes disoriented. “Small things trigger (the memory),” she said.
“I have lived with the effects of the abuse since I was 13 and will continue to do so the rest of my life. He lives a carefree life, without repercussion, not realizing the impact of his actions.” She requested the court give him the maximum sentence of six years.
While she had not planned on sharing publicly what happened that evening as it was personal and very embarrassing, she openly shared what transpired that day.
She explained they had played pool and went and sat by the campfire and began talking. After her grandmother went to bed, he placed his hand under her clothing and fondled her, he forced her legs apart, which caused her to freeze in fear and shock, while he continued fondling her. “I found the courage to get away because he had no intentions of stopping. He never apologized … he is no longer my grandfather … I do not want to be around him. …”
Following her statement, Deputy Prosecutor Joe Sobek talked about the complexity of such a case and how frequently things happen based on what is believed to have happened and what can be proved in court. He also noted the rules of evidence and decide what can come before the courts, what doesn’t and how the judge may rule. He noted the emotional aspect of such a case.
Sobek indicated the plea agreement was based on the facts of the case — the defendant touched his granddaughter in a way that he should not have.
Defense’s Turn
Travis Friend, attorney for Zuber, agreed with Sobek stating it was a difficult case for them and for everyone. “The parties worked hard to come to a resolution. It’s not perfect, but fair.” He noted aggravating and mitigating circumstances, in which the mitigating outweighed the aggravating. He asked the court to accept the plea, noted Zuber had no prior legal matters pending and that he has accepted responsibility by pleading guilty.
“I have found him to be seriously remorseful. He did 100% take responsibility and wants someday to reconcile.” A psychological evaluation was noted, his health, and a suggestion of supervised meetings with family members.
Friend stated his client has not been “lounging at the lake.” Zuber is a caretaker for his wife and there is a low probability that he would reoffend. Imprisonment would cause a hardship and he would do well with supervision. Friend also expressed his client was open to reconciliation and he did not want to deny his granddaughter access to her grandmother.
Zuber Gives A Statement
“I take full responsibility for my actions that caused pain to my granddaughter. I deeply regret my behavior … I touched her in a rude and inappropriate manor … I’m sorry for the pain I caused … I regret and am remorseful for what she’s experienced … undeserving amount of trauma,” Zuber said.
He noted the trauma that began with her father and now with his actions. He noted how he and his wife have been at every milestone of her life and how she enjoyed school, sports and the lake and had a strong competitive spirit, which he hoped she didn’t loose.
He also noted a desire for reconciliation and for forgiveness as he has sought forgiveness through his faith. He acknowledged keeping the door open for her to visit her grandmother and if he couldn’t be there he would accept that.
Zuber spoke of his wife’s illness, medical visits, hospital stays, treatment and his role as full-time caregiver. He stated this was out of love and compassion for his wife and she would do the same for him. He also added he doesn’t lounge around, noting he has not been out on the boat since he drove it from the marina at the beginning of the season.
Concluding, Zuber apologized to all those in the courtroom for the disruption of their lives and embarrassment brought up by the charges, and thanked them for their support.
Following the sentencing, two officers with the sheriff’s department handcuffed Zuber and after searching him led him out of the courtroom to the county jail, where he will remain until community corrections could be arranged.
