Kenneth W. Herbert v. State of Indiana

── Kenneth W. Herbert v. State of Indiana ── Case No.: 23A-CR-02466 Court: Indiana Court of Appeals Date: June 10, 2024 Author: Judge Paul Mathias County of Origin: Delaware Category: Criminal Decision: Affirmed Judge Altice and Judge Bailey concur Herbert married Kimberly Herbert (“Kimberly”) in 2013. Herbert soon became physically and verbally abusive with Kimberly, as Kimberly’s daughter Nicole Clark observed first-hand in 2016. On June 19 of that year, Herbert and Kimberly fought loudly enough for a neighbor to hear. Throughout that day, friends and neighbors observed that Kimberly appeared to have been physically injured. At one point, Joshua Barnes, a friend of Herbert’s, stopped by and saw Kimberly walking across the street “[s]lowly like she was in pain.” Tr. Vol. 7, p. 36.