ANDERSON — Formal charges of battery and sexual battery have been filed against a Yorktown man.
Scott Delaney, 51, was arrested after a 32-year-old man with Down syndrome disclosed during an interview that Delaney had touched him in a sexual manner numerous times.
During Delaney’s initial court appearance, Magistrate Jason Childers granted the state’s request for additional time to file the charges.
The state filed preliminary charges of rape as a Level 1 felony and sexual battery.
The amended charges filed Tuesday are a Level 5 felony of battery resulting in bodily injury to an endangered adult and sexual battery at a Level 6 felony.
Madison County Prosecutor Rodney Cummings said his office filed the charges they believe it can prove based on the evidence.
If convicted, Delaney faces a possible prison sentence of up to 6 years on the Level 5 charge and 2 ½ years on the Level 6 charge.
The state asked for an elevated bond because of the serious nature of the offense, the belief that Delaney was a threat to public safety and because he has similar pending criminal matters.
Bond was set by Childers at $35,000 full cash.
Delaney was working for Muncie-based company Help at Home, which had been providing services to the family and included taking the man out of the house for activities.
Help at Home didn’t return a telephone call to the Herald Bulletin seeking comment on Delaney’s employment.
The probable cause affidavit states Help at Home was aware of the investigation and Delaney said during his video court appearance that he is no longer employed.
The court documents state that Delaney was taking a 32-year-old man with Down Syndrome from his Anderson home several times a week for outside activities.
The man’s family said their son indicated that Delaney was touching him inside his shirt, pants and on his legs.
During a Kids Talk interview, the man said Delaney would fondle him with his pants down while the two were seated in the front of Delaney’s truck.
Family members told police that their son was acting differently since the incident.
“They explained he used to be upbeat and friendly, and now he doesn’t want to talk and is closed off,” court records state.
The family indicated the man was not allowed to ride in the front seat of their vehicle, but rode in the front seat of Delaney’s truck.
Court documents state that following a visit with Delaney, the man got into the front seat and pointed to his upper arm and neck telling them they were supposed to kiss him there.
When asked where he learned to talk like that the man said from Delaney.
During a police interview, Delaney denied all of the allegations.
Delaney was arrested in January in Grant County on a Level 4 felony charge of child molesting for fondling or touching someone under the age of 14.
He was released after posting a surety bond of $20,000 in Grant County.
A trial date of Jan. 25 has been set in Grant County. If convicted, he faces a possible prison sentence of two to 12 years.