Judge Gina Jones tried to work through grave reservations about Blake Neyhart’s plea deal.

He was charged in 2021 with abusing his girlfriend Michaella Mitchell‘s 5-year-old son twice that year.

He signed a plea deal in January for domestic battery resulting in bodily injury to a person less than 14 years of age, a Level 5 felony. Mitchell got 18 months probation in connection with the case.

Then, Neyhart was arrested for attacking three relatives.

He signed a revised plea filed June 4.

His sentence called for transitioning from jail to 2.5 years on work release, then probation. When asked, defense lawyer Steve Mullins told Jones the boy was living with Mitchell. And they’re still together, Jones said.

For the boy, there won’t be a next time, she told lawyers.

“I don’t want this child to have to die,” Jones said.

She rejected the plea deal. Mullins said in court they will file to transfer the case to another judge.

“Fine,” Jones responded.

She set a trial date for Sept. 2 with the understanding it would likely be canceled.

Mullins said earlier in the hearing that Neyhart’s crimes were fueled by alcohol abuse and anger issues. He had a good-paying union job waiting for him.

After he was arrested for attacking his relatives, he opted to stay in jail, rather than post bond, to get sober for his release, the lawyer said.

Jones said she was grateful he was “doing better.”

“Where is the advocacy (prosecutors) for this child,” she asked. “This is one that’s ripe for letting a jury figure it out.”

Several times during the hearing, she asked lawyers to help her justify giving Neyhart leniency.

No one had “an interest” in going to trial, Mullins said. The step-down sentence was for Neyhart to prove he could do it without getting into more trouble.

Deputy Prosecutor Judy Massa, filling in for Paul Namie, said he wrote in notes that they didn’t want to put Neyhart in prison primarily for substance abuse issues. He would have to resist alcohol and “control” his anger.

It was a chance for “mercy” and to turn around his life. If he still messed up, next time he was going to prison, Namie wrote.

Do you have anything else to say, Jones asked.

“No, your honor,” Massa replied.

Jones said she was open to allowing Neyhart to transfer to Lake County Community Corrections for the case’s duration to “see how things go.”

Medical staff who examined the child — after the second abuse allegation — on Aug. 29, 2021 at Franciscan Health Crown Point said he had a large cut or laceration on his forehead and a handprint on his face as if hit from behind by an adult, she said. There were also bruises on his arms, legs and neck, the nurse said. The laceration on his head was “so deep you could see his skull,” according to the affidavit.

Mitchell told a nurse that she turned around quickly and accidentally knocked the boy into their coffee table’s corner. The hand print was from him falling asleep on his hand in the car going to the ER, she claimed.

The nurse discounted this and called the Indiana Department of Child Services, she said. Mitchell appeared to “coach” the boy on what to say, the nurse said.

mcolias@post-trib.com