By Kathy Laird
Adam W. Gunter, 38, of Galion was officially charged with rape of an unspecified felony level in Crawford County Municipal Court. Judge Shane Leuthold heard a variety of arguments regarding the competency and viability of bail for Gunter.
Gunter is accused of placing his genitals in the mouth of a four-month-old infant. The child was taken to Galion Hospital as a result of a bleeding mouth. It was discovered that there was tissue damage under the tongue of the baby as well as burn marks around its neck as a result of either chemicals or scalding water.
The emergency department suspected sexual assault and proceeded with swab tests, one of which showed the baby testing positive for gonorrhea.
The victim was transferred to Children’s Hospital in Columbus for further care.
If convicted of this charge, considering the age of the victim, Gunter could face a minimum sentence of life in prison with the possibility of parole in 15 years, or a maximum sentence of life in prison without parole.
Court-appointed attorney Adam Stone informed the court that his client had been deemed incompetent in Franklin County and that his mother currently is his guardian. Stone told the court that it was in his client’s best interest that his guardian be present for the proceedings.
He also advised the court that he had told his client not to answer any questions during the proceeding.
Leuthold turned to Stone and said, “This may come as a surprise, but the defendant’s mother who is his guardian and the mother of the victim both appeared in court this morning and received civil orders of protection against Mr. Gunter.”
Stone went on to argue that any confession made to police would be inadmissible due to his incompetency.
“My client lacks the capacity to understand what is going on in this proceeding,” Stone said. “So, I would ask for a District Five Competency Evaluation”
Leuthold replied, “I don’t know if he understands what I’m saying or not because you won’t allow him to speak.”
Leuthold did grant Stone’s request for the evaluation and ordered it be done as soon as possible.
Stone went on to argue that his client had no criminal history and asked for a reasonable bond.
“I don’t want to take away from the seriousness of the allegation” Stone said. “But as we sit here today, he’s an innocent man in the eyes of the law.”
Prosecutor Matt Crall had a very different take on bond. Noting the serious nature of Gunter’s alleged actions, and that Gunter had confessed to the crime. Crall argued that a high bond needed to be set.
“This man was able to secure a driver’s license in 2013 so he’s able to comprehend some things,” Crall said.
Stone stood and objected saying, “I wouldn’t want to rely on the Bureau of Motor Vehicles to establish anyone’s competency; there are a lot of people with driver’s licenses that should not be driving.”
Leuthold overruled the objection saying that indeed Gunter had to be able to read and write and pass some sort of exam to get a driver’s license.
The prosecution took the floor again and Crall went on to point out the seriousness of the crime, and that there was no official documentation presented in court from Franklin County attesting to Gunter’s competency.
Crall also noted that Gunter is looking at life in prison with parole after 15 years as the best-case scenario if he is convicted of the crime.
Leuthold reflected a moment and addressed Crall and Stone.
“This (if true) is a despicable crime,” Leuthold said. “Both his guardian and the mother of the baby have sought and received orders of protection saying they are in fear for their safety. They know him better than anyone and they’re afraid of him.”
Leuthold set Gunter’s bond at $500,000 cash. He noted that if Gunter were out on the streets he could come into contact with other children and the court was not willing to take the risk.
Leuthold will set the matter for a preliminary hearing in the near future.