Kwin Boes is an Indiana man who pleaded guilty in 2019 to a Level 2 felony charge of domestic battery resulting in the death of his three-month-old son, Parker Boes, and was sentenced to 25 years, with 19 years to serve in the Indiana Department of Correction and six years suspended to probation. The sentencing hearing drew national attention when the child’s uncle punched Boes on camera as he was led out of the courtroom.
What Happened to Parker Boes
Parker Dylan Macaulay Boes was born on February 14, 2018, to Kwin Boes and Jamie Hartley.1Findlaw. Boes v. State of Indiana On the evening of May 3, 2018, the infant was in his father’s care in Gibson County when he became unresponsive and limp. Boes called Hartley and then 911.2Justia. Boes v. State of Indiana, No. 19A-CR-1755
Paramedics took Parker to St. Vincent Hospital in Evansville and then to Riley Children’s Hospital in Indianapolis. Doctors found bleeding in his brain, hemorrhaging in both eyes, bruising on the left side of his penis, and a ligament strain in his neck.1Findlaw. Boes v. State of Indiana Parker was pronounced dead on May 6, 2018. The Marion County Coroner’s office determined the cause of death was blunt force traumatic injuries to the head and ruled the death a homicide.314 News. Arrest Warrant Issued in the Death of a Gibson County Baby
Boes told police he had left the baby on a “boppy pillow” and later found him on the floor, suggesting Parker had fallen and struck his head on a coffee table. Medical experts at Riley Children’s Hospital rejected that account, concluding a fall of that kind would not produce the diffuse brain injuries they saw. They classified the injuries as “irreparable abusive head trauma.”2Justia. Boes v. State of Indiana, No. 19A-CR-1755
Charges and Guilty Plea
On May 9, 2018, the State charged Boes with two Level 1 felonies: aggravated battery resulting in death and neglect of a dependent resulting in death. Each carried a possible sentence of 20 to 40 years.1Findlaw. Boes v. State of Indiana414 News. Gibson Co. Man Sentenced in Connection With Infant Son’s Death
More than a year later, on June 12, 2019, the State added a third count: Level 2 felony domestic battery resulting in death to a minor, under Indiana Code ยง 35-42-2-1.3. That same day, Boes entered an open plea agreement, pleading guilty to the Level 2 felony in exchange for dismissal of both Level 1 charges.1Findlaw. Boes v. State of Indiana A Level 2 felony domestic battery resulting in death carries a sentencing range of 10 to 30 years.
The 25-Year Sentence
On July 3, 2019, Gibson Superior Court Judge Robert D. Krieg sentenced Boes, then 23, to 25 years. Nineteen years were executed in the Department of Correction and six were suspended to probation.2Justia. Boes v. State of Indiana, No. 19A-CR-1755414 News. Gibson Co. Man Sentenced in Connection With Infant Son’s Death Boes was also ordered to pay Parker’s funeral expenses.5Fox 6 Now. Family Member Punches Father Convicted of Killing His 3-Month-Old Son
The trial court cited several aggravating factors in going near the top of the range. Boes had juvenile delinquency adjudications starting at age 15, and adult convictions for theft of a firearm, intimidation, criminal mischief, and operating a vehicle without a license. He had violated probation multiple times and was on probation when he killed Parker. His Indiana Risk Assessment System score had risen from moderate to high risk of reoffending.2Justia. Boes v. State of Indiana, No. 19A-CR-1755
The Courtroom Punch
As Boes was walked out of the courtroom after sentencing, Jeremiah “Matt” Hartley, Parker’s uncle, punched him in the face. Camera footage of the strike circulated widely.5Fox 6 Now. Family Member Punches Father Convicted of Killing His 3-Month-Old Son
Hartley was taken into custody, brought before Judge Krieg, and found in contempt of court, initially ordered to serve 100 days in jail. He also faced a separate misdemeanor battery charge. On August 14, 2019, the contempt sentence was modified to probation with home detention for the remainder of the 100 days, and Hartley was released.614 News. Man Caught on Camera Punching Murder Suspect After Court Just Released on Bond
The Appeal
Boes appealed to the Indiana Court of Appeals, arguing that the trial court had improperly relied on his risk assessment score and on Parker’s age as aggravating factors, and that the 25-year sentence was inappropriate given the nature of the offense and his character.1Findlaw. Boes v. State of Indiana
On December 30, 2019, a three-judge panel of Judges Baker, Riley, and Brown unanimously affirmed the sentence. The court found the risk assessment score had been used as a supplemental tool rather than a standalone aggravator, and that any labeling error was harmless. On the age question, the panel held that although being under 14 is an element of the offense, Parker’s age of barely three months was so far beyond the statutory threshold that the trial court could properly treat it as an aggravating circumstance. The appellate court called the offense “heinous” and pointed to Boes’s long criminal history and repeated probation violations in upholding the 25-year sentence.2Justia. Boes v. State of Indiana, No. 19A-CR-17551Findlaw. Boes v. State of Indiana