Travis Tuttle
A local man accused of Level 1 felony neglect of a dependent in the death of his 8-year-old son will remain behind bars.
On Thursday, Bartholomew Superior Court 1 Judge James Worton denied a request from Travis E. Tuttle, 36, to lower his $1 million bond.
Clifty Creek second-grader Lealyn Tuttle died last March from acute fentanyl and diphenhydramine intoxication while visiting his father’s apartment on Columbus’ east side, according to court documents filed in the case. While the boy’s mother had full custody, she allowed Lealyn to spend some nights at her ex-husband’s residence.
Since his arrest on Nov. 29, Tuttle has been held in the Bartholomew County Jail on charges of neglect of a dependent resulting in death, a Level 1 felony, and possession of a narcotic drug, a Level 6 felony.
Walking with a cane into the courtroom on Wednesday, Tuttle told the court he suffers from multiple sclerosis, as well as broken ribs sustained during an automobile accident.
Those injuries make it difficult to serve time as an inmate in jail, public defender Jane Ann Noblitt said.
The defendant says the $1 million bond is excessive because the only revenue he receives is $800 a month in disability payments, which he told the judge he needs to pay his bills.
In response, Bartholomew County Deputy Prosecutor Sara Laska told the judge that Tuttle has prior, separate convictions of operating a motor vehicle while intoxicated, criminal recklessness and failure to stop after an accident.
After listing a number of missed court hearings, Laska asked Tuttle if he recalls a time when he missed a court hearing — but then waited three days to ask the judge to reschedule his court appearance.
“I don’t remember,” Tuttle said. “My memory is not that good.”
While Tuttle said his mother and aunt would allow him to stay with them, Laska said the defendant didn’t know how long his family’s offer might last.
But the deputy prosecutor stated her main objection is that lowering the bond would depreciate the seriousness of the crime, which she says is second only to murder.
In his written order on Friday, Worton agreed with Laska regarding the seriousness of the crime, and also noted that Tuttle’s past record indicates he poses a risk of not appearing in future court hearings.
Worton also stated that Tuttle poses a moderate risk to reoffend as measured by the Indiana Risk Assessment.
After Lealyn was found dead on the floor of Tuttle’s living room floor, an apartment search turned up fentanyl, drug paraphernalia and diphenhydramine, which is an antihistamine used to relieve symptoms of allergy, hay fever, and the common cold, a probable cause affidavit in the case stated.
Detectives found aluminum foil containing white powder residue on the living room coffee table and a marble colored slab in the top dresser drawer of Tuttle’s bedroom, court documents stated.
A razor blade was found next to the slab, which was on top of photographs of Lealyn, the affidavit states.
Another search warrant for Tuttle’s cellphone showed photos of the boy with foil on his upper and lower teeth and gums while imitating having jewelry worn over his teeth. Lealyn was wearing the same shirt in the video that he had on when he was later found unresponsive.
A DNA analysis on the foil showed a profile of a mixture of two individuals, Tuttle and Lealyn, according to court documents.
Tentative court dates in the case include a change of plea hearing on March 18 at 9:45 a.m.,a pre-trial conference on April 18 at 11 a.m., and a jury trial on April 26 at 8:30 a.m.
