MADISON COUNTY, Ind. – A Frankton man has now been sentenced to 12 years in prison after being found guilty of two separate counts of child molestation.
Court records indicated that 65-year-old Gary L. Hamby was sentenced in Madison County on Friday.
The molestation case stems back to an investigation that started in early 2018 when a mother reported her juvenile daughter had said she was touched inappropriately about a year earlier, in 2017.
Investigators said DCS caseworkers met with the child who said the man later identified as Hamby, touched the girl over her clothes. That included her stomach and then on her chest area while he was “looking away or turning to look another direction.”
The girl stated this happened while she was spending the night at Hamby’s home.
The probable cause affidavit stated DCS also met with another juvenile girl in early 2018 who described she was about six years old when she would go camping with Hamby and other family members.
The girl said she was on a couch sleeping and she was being touched by the man. Hamby was reportedly touching the girl in “private places.” Initially, she stated she was unsure if it was real because she would hear water running and then fall back asleep.
The girl added she was later touched by Hamby who would massage her chest area and reach down massaging her “private area underneath her underwear.”
Investigators said Hamby came over and apologized to the girl for “touching.”
Another girl was interviewed by DCS who described her neighbor, “Hamby” touching her arms and legs. She added the man would rub suntan lotion on her body, close to her buttocks area.
Hamby also reportedly rubbed his hand over clothes against her private parts and played with her hair.
Hamby was charged with three counts of child molesting with a child under 14, Level 4 Felony; and child molesting where the defendant is at least 21, Level 1 Felony.
A jury found Hamby guilty on two counts of child molesting with a six-year sentence on both. This will be served consecutively at 12 years total. Hamby has a credit of 29 days.
The other two counts were not resolved by the jury and a mistrial was declared.
The judge set a “trial setting hearing” for Sept. 20 at 8:30 a.m.
