Jacob Wesley Donald Bengert v. State of Indiana

── Jacob Wesley Donald Bengert v. State of Indiana ── Case No.: 20A-CR-02258 Court: Indiana Court of Appeals Date: May 10, 2021 Author: Judge Elaine Brown County of Origin: Vanderburgh Category: Criminal Decision: Affirmed Judge Bradford and Judge Vaidik concur K.B. was born on September 16, 2019, to Chelsea Marksberry and Bengert, and they lived in the basement of the house of Bengert’s sister in Evansville. On January 8, 2020, Bengert was caring for K.B. while Marksberry was at work, and she returned around 9 p.m. At around 8 a.m. the next morning, an emergency call was placed and “[t]hey believe [K.B.] had rolled off the bed” and was not breathing. Transcript Volume II at 126. Fire department personnel arrived at the scene followed by law enforcement who encountered Marksberry and found K.B.