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1176: Martin Burns

Martin Burns

Martin Burns is a pastor of Winamac Nazarene Church in Indiana. He has been charged with two criminal counts of battery after a surveillance video appeared on social media allegedly showing him kneeling on the chest of a 4-year-old boy at a church day care center. The child was hanging on his leg, making it difficult for him to walk. So, he kneeled on the four-year-old child’s chest until he began coughing and let go of him.

The initial hearing will be held November 16, 2023.

a pastor charged with battering child at church - Times, The (Munster, IN) - October 5, 2023 - page 1
October 5, 2023 | Times, The (Munster, IN) | Bob Kasarda
WINAMAC — A pastor at the Winamac Nazarene Church, which is affiliated with the Valparaiso Nazarene
Church, has been charged with two criminal counts of battery after a surveillance video appeared on social
media allegedly showing him kneeling on the chest of a 4-year-old boy at a church day care center.
The one-minute video, which is attached to this story, shows Pastor Martin Burns, 47, carrying a child on his
shoulders while another child clings to his right leg and refuses to let go, according to a Winamac police
report.
"The male stated to the child, 'I can't move with you on my foot,' " police said.
The man, identified by police as Burns, takes several steps before kneeling down on the child's chest.
"Instantly after placing his knee on the child's chest, you can hear the child start to cry, at one point it sounds
like the child is coughing," police said. "The child could be seen stomping a foot on the ground as well."
Burns continues to tell the child to let go and remains kneeling on the child's chest for seven seconds,
according to police.
"When he finally stood up and got off the child's chest, the child started crying again, holding his chest," police
said. "The adult stating, 'You listen when you're given instructions.' "
Burns is then seen walking away as he and two other supervisors leave the child alone on the ground crying
and holding his chest, police said.
Defense attorney Jesse Harper, who is representing Burns, said when contacted Thursday morning, "We have
a different opinion from the state on what this video shows and we are disappointed that Martin has been
charged in this matter.
Area pastor charged with battering child at church – Times, The (Munster, IN) – October 5, 2023 – page 1
"Martin continues to maintain his innocence, was cooperative with the police, and we are committed to
mounting a vigorous defense on his behalf," Harper said.
Burns was charged with a felony battery to a person less than 14 years of age and misdemeanor battery
resulting in bodily injury.
The incident in question occurred around 4 p.m. Sept. 8 at the Kingdom Kids Preschool Daycare, which was
listed Thursday morning online as being permanently closed. The day care is located within the Winamac
Nazarene Church, officials said.
The video of the incident that hit social media was recorded by cellphone from the original by the child's
mother, who had worked at the day care center, police said. She reportedly told police Burns was filling in
that week at the day care for his wife due to a staffing shortage and while parents would not typically be
allowed to view the surveillance footage, a manager allowed her access as an employee.
The mother said her son was still crying when he came home following the incident and that his chest was
red, but there were no obvious injuries, police said. The boy claimed Burns placed his knee not on his chest,
but on his throat.
The mother said Burns later approached her asking what she had been told by the boy and told her he
responded as he did out of fear of dropping the child on his shoulders, according to a charging document.
Burns, who thought the incident occurred Sept. 15, reportedly told police he asked the boy three times to let
go of his leg. When the boy refused, Burns said he put just enough pressure on the child him to hold him
down, according to police.
He then walked over to the other two supervisors in the room and explained what happened, police said.
He claims to have apologized to the boy's mother, according to police.
A manager reportedly told police she did not report the incident to Burns' wife, who served as day care
director, but went to an official at the Valparaiso location.
Another employee at the day care center began crying during a police interview, saying she wasn't aware the
incident occurred until seeing the video, according to police.
The employee called it "crazy," police said.
Copyright, 2023, Times, The, All Rights Reserved.
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First:	Martin
Last:	Burns
1 to 20 of 21
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State of Indiana v. Martin A. Burns
66D01-2310-F6-000156
CourtPulaski Superior Court
Case TypeF6 - Felony 6
Filed10/04/2023
Status10/04/2023, Pending
Charges35-42-2-1(c)(1)/F6: Battery on a Person Less than 14 Years Old Use this when victim is under 14 yea, 35-42-2-1(c)(1)/MA: Battery Resulting in Bodily Injury
PartiesState of Indiana, Burns
AttorneysEnnis, Gaumer, Smithey, Harper
State of Indiana v. Martin A. Burns
Case Number	66D01-2310-F6-000156
Court	Pulaski Superior Court
Type	F6 - Felony 6
Filed	10/04/2023
Status	10/04/2023 , Pending  (active) 
Reference	Case cross references
Prosecutor Case Management Number66D01-2309-F6-DM2658151
Police Agency Number23WPD157
Parties to the Case
Show all party details
Defendant	Burns, Martin A.
State Plaintiff	State of Indiana
Charges
Show all charge details
35-42-2-1(c)(1)/F6: Battery on a Person Less than 14 Years Old Use this when victim is under 14 year
35-42-2-1(c)(1)/MA: Battery Resulting in Bodily Injury

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