Indianapolis News and Headlines

Actions

Jury rules Jeffrey Fairbanks not guilty of Baby Janna's murder, guilty of neglect of a dependent

Posted at 6:27 PM, Apr 26, 2017
and last updated 2017-04-26 23:34:31-04

INDIANAPOLIS -- A Marion County jury ruled that Jeffrey Fairbanks is not guilty of the murder of his daughter, 3-month-old Janna Rivera, but is guilty of neglect of a dependent causing death.

The verdict came after a three-day trial in which Marion County prosecutors presented their case for why Fairbanks should be found guilty of the murder of Baby Janna – whose body was never found.

Prosecutors ultimately failed to convince members of the jury that sufficient evidence existed to find Fairbanks guilty of Baby Janna's murder. Jurors did, however, find him guilty of neglect leading to her death.

Fairbanks faces a potential sentence of 20-40 years in prison. His attorney told RTV6 he was "very disappointed" in the verdict and plans to appeal.

Baby Janna was reported missing in May 2015, sparking a massive search effort for her. Indianapolis firefighters dredged a retention pond near the home where she lived, and IMPD officers spent days searching the Mount Comfort landfill on the city's south side.

TIMELINE | The Disappearance of Baby Janna Rivera

Baby Janna's mother, Yolanda Rivera-Gonzalez, initially called 911 on the morning of May 29 saying her infant daughter was dead. She later called back and recanted that story – saying instead that her boyfriend, Jeffrey Fairbanks, had taken the child the night before and she didn't know where they were.

Fairbanks himself reportedly provided information to police that Baby Janna's body had been placed in a dumpster, leading to the searches of garbage trucks and area landfills.

Three months after her disappearance, the Marion County Prosecutor's Office filed charges of murder and neglect of a dependent causing death against Fairbanks.

A protective order was filed in June 2015 against Fairbanks preventing contact with Baby Janna's mother, Yolanda Rivera-Gonzalez.

In the order, Gonzalez claimed that when she arrived at their home on May 29, Fairbanks told her "she's (Janna's) dead" and that he buried her.

Call 6 Investigates learned that Fairbanks had been accused of domestic battery by his ex-wife Jennifer Fairbanks in Hendricks County in 2013.

In a probable cause affidavit filed in that case, Jennifer Fairbanks told police that her then-husband had hit her head on a wall and her forehead with a handgun.

Fairbanks was found guilty of domestic battery in that case in July 2015 and sentenced to 24 days in jail and 180 days on probation.

Fairbanks' sentencing is scheduled for May 25 at 9 a.m.

PREVIOUS | Fairbanks' ex-wife: 'I was so scared' | Source: Baby Janna died in co-sleeping incident | CALL 6: Father of missing baby has had protective order filed against him before