McIntyre receives 3 years

Tonya McIntyre

During a sentencing hearing in Greene Circuit Court on Wednesday morning, McIntyre, 32, Midland, entered pleas of guilty to the crimes of obstruction of justice and assisting a criminal, both class D felonies.

McIntyre was accused of trying to cover up the fact that Ronald Bohannon was holding the gun when it discharged and shot his own son on Aug. 16, and that she threw the gun into the woods -- before she called 911. During interviews, McIntyre and Bohannon told one story, then another. Bohannon was taken into custody first, then McIntyre.

Bohannon entered a plea of guilty to reckless homicide last week and was sentenced to 20 years.

At the time of her arrest, McIntyre was on probation for false informing, a class A misdemeanor connected to the case of Steven McIntyre who was convicted of robbing the MainSource Bank in 2008. During that investigation, McIntyre said Steven McIntyre, her then-boyfriend she later married, could not have robbed the bank because she had both of his prosthetic legs in the trunk of her car on a trip to the store at the time the robbery was committed.

She was sentenced to one year with all but 90 days suspended, which she served on electronically monitored home detention then was on probation with stipulations that she not commit another criminal offense, pay a probation fee and not possess or use any firearm, destructive device or other weapon.

Judge Allen said the fact she was on probation for a similar crime was an aggravating factor that carried substantial weight.

"You were still on probation, since April 1, 2009, and four months later, you essentially engaged in the same conduct. I find that troubling," said Allen.

The hearing began with the need to clear confusion over McIntyre's name. Her last name is now McIntyre, but a divorce is in process and her name will be reverting to Salesman so Allen said the record would show she is Tanya D. McIntyre also known as Tanya D. Finley also known as Tanya D. Salesman.

McIntyre was represented by Greene County Public Defender Alan Baughman.

Appealing to the judge to avoid a harsh sentence, Baughman argued that McIntyre had been a law-abiding citizen for 31 years with no criminal history prior to case connected with Steven McIntyre.

He said she started her working career early, has held a CNA (Certified Nursing Assistant) certificate for 13 years, has been steadily employed in the past, was a single mother who took good care of her three children, two of which have very special needs.

The defense requested facts about her parenting skills brought to light in CHINS (Child In Need of Services) cases involving her children be taken into consideration.

The judge agreed and said information in those cases did indicate McIntyre "has been a proper mother for her children."

Baughman argued McIntyre was not in court for shooting a child but for lesser crimes and her sentence should be consistent with what others receive for the same offenses.

He said it's easy to read about a case like this and judge, but it's another thing to live it.

"Imagine a child brought to your door with a horrendous head wound, and a gun. She was scared. She'd never seen anything like this in her entire life," said Baughman.

He said she was now taking responsibility by admitting guilt for throwing the gun away and not telling the truth, was remorseful, and a long sentence would cause an undue hardship on her children.

The state was represented by Greene County Prosecutor Jarrod Holtsclaw who countered that if McIntyre would have simply told the truth, she wouldn't even be in court.

Holtsclaw said she was showing genuine remorse and was not responsible for the death, but she had no less than five opportunities to tell the truth.

"I do understand she has children with special needs, but she has twice put those children in jeopardy," said Holtsclaw.

He asked the similarity of the two cases be taken into account saying in both, she had chosen to protect boyfriends over her children, one case involving a bank robbery and the other the loss of a child.

"I think it's clear she didn't learn the lesson the first time and did it again in less than a year," said Holtsclaw.

When Det. George Dallaire of the Greene County Sheriff's Department testified, he said McIntyre's actions greatly hindered the death investigation which included two detectives and other officers from the Linton Police Department, officers from the Jasonville Police Department, four detectives from the Indiana State Police and numerous deputies and two detectives from the Greene County Sheriff's Department. He said officers were working on this case round-the-clock for days.

"Hundreds of man-hours were just absolutely wasted," said Dallaire.

Dallaire testified McIntyre gave misinformation to the dispatcher during the 911 call, and tried to point blame for the shooting on her ex-husband. Officers spent time searching for him then cleared him of any involvement.

When Bohannon was arrested and admitted responsibility, she still denied the truth.

"It was quite an act," Dallaire said regarding her 911 call, noting that McIntyre could be heard yelling in the background at people who had come to help -- she was accusing them of shooting the child.

"A number of people were amazed at her 'acting ability,' " said Dallaire.

In handing down the sentence, Allen said the two crimes involved the moment when she grabbed the handgun and threw it away and the other was hiding the circumstances surrounding the death -- which was one continuing scheme to cover up.

Under the terms of a negotiated plea agreement, whether the sentences for the two counts should be served consecutively or concurrently was left up to the judge's discretion.

But Allen said he did not think having the sentences served consecutively was consistent with what the law allows and he ordered they be served concurrently.

On both counts, she was ordered to serve three years in the DOC (Department of Corrections), fully executed -- which means no part of the sentences was suspended. She will be on parole upon her release.

Her probation was revoked in the previous case but since her arrest, she has been in jail for 167 days, 120 days of which was counted toward the revocation.

That left her with credit for 47 days served in the current case.

"All things considered, this is not a long time that you will be away." said Allen. "I believe you have been a committed mother and your remorse is genuine. You have provided for their needs as a single mother. But this is the second time around," said Allen.

He said she needed to be more careful about who came into her home and the impact her decisions has on her children.

He said he didn't know what will happen in the cases of her children (regarding their custody and her parental rights) but he admonished her that she needed to start putting them first in her decisions.