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April 26, 2012

Man sentenced to 10 years in neglect death of halfbrother

Judge describes living conditions for paraplegic victim as ‘deplorable’

Lisa Trigg The Tribune-Star

TERRE HAUTE — A Terre Haute man has been sentenced to 10 years in prison for the December 2010 neglect death of his disabled halfbrother.

Joseph Rheubottom, 53, indicated he will appeal the sentence set Wednesday in Vigo Superior Court 1 by Judge John Roach after hearing two hours of arguments and testimony.

Rheubottom pleaded guilty in March to neglect of a dependent resulting in serious bodily injury, a class-B felony which carries a sentencing range of six to 20 years.

Rheubottom and his wife, Melissa, 42, were arrested by Terre Haute Police after an investigation into the death of James Cliff, 46, whose living conditions were deemed “horrid” by police.

Cliff resided with the couple in the 300 block of North 14th Street. They were the primary caregivers of the paraplegic man, who had moved in with the couple about a year before his death on Dec. 4 at Union Hospital.

An autopsy noted that Cliff had multiple open wounds, including one on his right hip where bare bone was exposed. The autopsy determined that infection from the wounds caused Cliff to contract pneumonia, which caused his death. Vigo County Coroner Dr. Roland Kohr ruled Cliff’s death a homicide.

Kohr testified Tuesday that Cliff’s condition indicated neglect had been going on for several months, but some of the issues could have been resolved with medical treatment.

Deputy Prosecutor Carroll Smeltzer introduced photographs into evidence showing the living conditions inside the house were unsanitary.

Police reported at the time of the arrests that the roach-infested house — which was also home to several cats, dogs and a bird — had animal feces on the floor of the residence, as well as human feces in Cliff’s wheelchair, and on the couch and bed where he slept. Police also saw rotting food in the kitchen, and described an overwhelmingly foul odor in the home.

“We found the house to be in very, very, very poor condition,” THPD Detective Cpl. Darren Long testified.

A relative of Cliff, Joyce Setters, also testified that she saw Cliff less than a month before he moved in with the Rheubottoms in December 2009. The next time that she saw him was in the hospital when he died, she said, and she did not recognize him.

“I just don’t understand why it happened. I really don’t,” Setters said.

Rheubottom took the witness stand as well, saying that he was close to his halfbrother, and that he is remorseful about Cliff’s death.

“I’d trade places with him if I could,” Rheubottom said, later stating, “I miss him very much.”

Rheubottom said that because he could no longer work due to his heart condition, he was the primary caregiver for Cliff, while his wife worked. Rheubottom also said he made a promise to Cliff not to take him to a doctor for medical treatment and not to place him into a nursing home.

Melissa Rheubottom also pleaded guilty in March to the same class-D felony charge. She received a six-year prison sentence.

Defense attorney James Organ requested a six-year sentence for his client, and asked that Joseph Rheubottom be considered for the work release program or in-home detention through Vigo County Community Corrections.  Roach rejected those requests, noting that Rheubottom was disabled after a heart attack which left him unable to work or to afford the fees associated with community corrections.

Joseph Rheubottom’s plea agreement left the sentencing open to argument in front of Roach, who imposed the advisory sentence of 10 years.

Roach said that Cliff’s care and living conditions were “deplorable,” and said that Rheubottom had the responsibility to seek medical care for Cliff despite any promises not to do that.

“Most of us wouldn’t allow our animals to live in such conditions,” Roach said.

Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.

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