Here's a summary of most of the second part:
II. Having given due consideration to the trial court’s sentencing decision, imposition of the maximum sentence for the felony conviction was inappropriate in light of the nature of the offense and Xavier’s character.
...
When considering the nature...
Since you chose to quote me, I'll say it is relevant to me.
https://fox59.com/indiana-news/boots-knives-and-car-carpeting-what-police-seized-from-delphi-murder-suspects-home/
That's what added to my confusion. At the bottom of each set of docs, it states "chain of custody on page 2" (or 4) but none of them were included with the rest of the return. That made me wonder if the were sealed or ?
I pulled two of your statements out for focus. Regarding your first paragraph: I searched through this one Indiana General Assembly and found nothing that relates to what you're saying. You stated this as fact; please source your claim.
Regarding your second statement, I asked about the absence...
Below is the outcome of his third case, which has been dismissed as part of a plea deal. That's likely the intimidation charge.
29D01-2407-CM-005327 = Disorderly Conduct: engages in fighting or tumultuous conduct
09/11/2024
Order Granting Motion to Dismiss
Order on State's Motion to Dismiss...
This is he intimidation charge:
29D07-2406-CM-004889
09/10/2024
Judgment
Judicial Officer: Murphy, Darren J.
01.
35-45-2-1(a)(4)/MA: Intimidation-Threat cannot be to expose the person threatened to hatred, contemp
• Plea by Agreement
09/10/2024
Sentenced
Judicial Officer...
Items in the argument:
I. The trial court erred in sentencing Xavier by taking into accounting appropriate aggravating factors.
...
As the trial judge was making his required statement of facts supporting his sentencing decision, he cited as an aggravating factor, “the Defendant’s criminal...
Did we hear anything about a Feb. 27 search of his home?
"Different investigation" = Ciera?
STATEMENT OF FACTS
During the afternoon of February 28, 2022, a firearm discharged in Xavier’s garage, which resulted in a response from the Carmel Police. [Trans. Vol. 2, pp. 37 and68] Xavier was home...
XB has an appeal: 24A-CR-01769
Here is the argument:
I. The trial court erred in sentencing Xavier by taking into account inappropriate aggravating factors
II. Having given due consideration to the trial court’s sentencing decision, imposition of the maximum sentence for the felony was...
Here is the last entry for her custody case. Does that coincide with the date Ciera's parents were awarded custody?
04/17/2024
Motion to Vacate Hearing Filed
Motion to Vacate Hearing. order sub. dc
Filed By:
Beasley, Rochelle
File Stamp:
04/17/2024
04/17/2024
Hearing Scheduling Activity...
The "file" date is the day a document is entered into the court records = CCS You will see it in the upper right hand corner of almost every document we've seen.
You will see it also here: the date on the left is when it appears in Mycase (case summary)
11/23/2022
Appearance Filed...
Yes, I'm aware of that; it's the same day as the RA interview.
However, it was not filed until May 1 of the following year. That's what led me to think they were waiting for the rest of the lab exams to come back. I don't know... maybe it just got misplaced/forgotten/misfiled for over 6 months?
The search warrant return was filed on May 1, 2023 so that gave them plenty of time to get the items tested, IMO.
pg 13
https://www.documentcloud.org/documents/23863675-allen-search-warrant-return
We've seen the return for items taken in the search. On the "lab exam" we've seen the boxes that are checked and those that are not. What do you make of that? Did they just forget to check those boxes?
We've seen the analysis on the gun/cartridge. Surely there would be no reason for secrecy on...
Ok, I'll re-think this.
They entered his home for the search. The gun stuff was the first item of interest and then they went for the blue jacket. However, the jacket wasn't "the" jacket so they went digging up the firepit in search of the one he might have burned up years ago.
I'll wait for...
They knew he had a blue Carhartt jacket and took it during the search of his home. Digging around in his backyard at that time for it would make no sense.
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