legalmomma
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| 29D01-2211-F4-007914 | |
| Court | Hamilton Superior Court 1 |
| Type | F4 - Felony 4 |
| 07/18/2024 | Sentenced Judicial Officer: Casati, Michael A.
|
IN IN - Ciera Breland Locklair 31, last seen in GA, POI husband Xavier Breland Jr, Carmel, 25 Feb 2022
- Thread starter GuyfromCanada
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legalmomma
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29D01-2211-F4-007914 Court Hamilton Superior Court 1 Type F4 - Felony 4
07/18/2024 Sentenced
Judicial Officer:
Casati, Michael A.
1. 35-47-4-5(c)/F4: Unlawful Poss. of a Firearm by Serious Violent Felon Confinement to Commence: 07/18/2024
Indiana Department of Correction
Term: 12 Yr
Jail Credit: 65 Days
Comment: 49 actual days (02/02/2023; 1/24/2024 - 2/2/2024; and 6/11/2024 - 7/17/2024) served and 16 good time credit days for a total of 65 credit days. jp
| 07/26/2024 | Notice of Appeal Received 07/24/2024 File Stamp: |
FrostedGlass
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I checked to see where he's currently being housed and he's still in Hamilton Co. jail. I guess he has too much going on at this time to be moved. The below cases have court dates of Pre-trial conference on 9/03 and bench trial on 10/10/2024
In this first case, he plans to use self-defense
Disorderly; fighting
29D01-2407-CM-005327
Co-Defendant Case
29D01-2407-CM-005329
A Protective Order has been filed against him in this one; still unserved.
This is for intimidation
29D01-2406-CM-004889
Dargon335
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Agreed. Her family, friends, and especially her son, deserve to know the truth about what happened to Ciera.
Regrettably the people who were present at the time Ciera was last seen and could answer those questions remain unwilling to do so. IMO, until that happens we may never know the full story behind the events surrounding her disappearance.
Dargon335
Insufficient facts invite speculation.
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Ciera Breland disappearance: Husband Xavier Breland faces extradition to Indiana
[...]
It was not clear how much Xavier Breland's mother was cooperating with police in the investigation, but it is now known that investigators collected evidence from that home when they executed a search warrant.
Johns Creek investigators say forensic experts and even cadaver dogs were brought in for a search. They were searching for blood stains, signs of a struggle, or anything that might have given a clue as to what happened during the couple’s stay.
[...]
[...]
Still, her family said she was making plans to leave him. She was reportedly socking away money in a secret bank account and had been talking to her parents about moving back in with them for a time to get back on her feet.
Her family believes she was just waiting for a "calm moment" to make her move. That moment appeared to have never come.
Ciera’s parents have since been granted custody of the couple’s child.
[...]
Case Summary
MOO, but I find it both interesting and noteworthy that the same family members who are remaining quiet regarding Ciera's disappearance are the same people actively pursuing custody of Ciera's son.
[...]
It was not clear how much Xavier Breland's mother was cooperating with police in the investigation, but it is now known that investigators collected evidence from that home when they executed a search warrant.
Johns Creek investigators say forensic experts and even cadaver dogs were brought in for a search. They were searching for blood stains, signs of a struggle, or anything that might have given a clue as to what happened during the couple’s stay.
[...]
[...]
Still, her family said she was making plans to leave him. She was reportedly socking away money in a secret bank account and had been talking to her parents about moving back in with them for a time to get back on her feet.
Her family believes she was just waiting for a "calm moment" to make her move. That moment appeared to have never come.
Ciera’s parents have since been granted custody of the couple’s child.
[...]
Case Summary
MOO, but I find it both interesting and noteworthy that the same family members who are remaining quiet regarding Ciera's disappearance are the same people actively pursuing custody of Ciera's son.
FrostedGlass
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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 Hearing on Petition to Establish Guardianship scheduled for 04/19/2024 at 9:00 AM was cancelled. Reason: Hearing Date to Be Determined. |
| 04/17/2024 | Order Granting Motion to Vacate Hearing Hearing set Apr 19, 2024 at 9:00am is vacated. ss Judicial Officer: Hahn, Valorie S - MAG Noticed: Sadler, Paul R. Order Signed: 04/17/2024 |
| 04/18/2024 | Automated ENotice Issued to Parties Order Granting Motion to Vacate Hearing ---- 4/17/2024 : Paul R. Sadler |
| 04/19/2024 | CANCELED Hearing on Petition to Establish Guardianship Reason: Hearing Date to Be Determined Session: 05/19/2023 11:00 AM, Rescheduled Session: 06/23/2023 11:00 AM, Rescheduled Session: 07/21/2023 11:00 AM, Rescheduled Session: 10/13/2023 10:00 AM, Rescheduled Session: 01/05/2024 10:30 AM, Rescheduled Session: 04/19/2024 9:00 AM, Cancelled Comment: 3D (by zoom) |
FrostedGlass
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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 inappropriate in light of the nature of the offense and Xavier’s character
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 inappropriate in light of the nature of the offense and Xavier’s character
Dargon335
Insufficient facts invite speculation.
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BBM above.
IMO this statement in his appeal is difficult to believe, especially when you DO consider XB's character.
FrostedGlass
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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 at the time and advised the responding officers that he was cleaning up the garage and that a gun fell out of a discarded Christmas tree and misfired. Breland further advised the officers that after the misfire, he made the gun safe by removing the magazine. [Trans. Vol. 2, p. 71] Carmel and Fishers Police had been to Xavier’s house the day before this accidental discharge, searching the garage for a different investigation, yet did not discover a gun during that search.
FrostedGlass
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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 history as cited by the prosecuting attorney, as mentioned in the Pre-Sentence Investigation Report, D felony conviction for residential entry as well as the B felony burglary conviction.”
...
Additionally, the trial court cited as a “very aggravated circumstance” Xavier’s alleged threat to a courtroom observer. [Trans. Vol. 2, p. 207] While not sufficiently clear from the record to give this Court an opportunity for meaningful review, counsel believes the trial court may be referring to the testimony of Blaire Duncan wherein Duncan alleged that Xavier told her “better hope you see me before I see you” and “nice kid. Cute kid."
...
Given the two inappropriate aggravators found, and the below argument that the trial court wrongly sentenced Xavier to the maximum sentence, this Court should reweigh the circumstances and issue a revised sentence.
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 history as cited by the prosecuting attorney, as mentioned in the Pre-Sentence Investigation Report, D felony conviction for residential entry as well as the B felony burglary conviction.”
...
Additionally, the trial court cited as a “very aggravated circumstance” Xavier’s alleged threat to a courtroom observer. [Trans. Vol. 2, p. 207] While not sufficiently clear from the record to give this Court an opportunity for meaningful review, counsel believes the trial court may be referring to the testimony of Blaire Duncan wherein Duncan alleged that Xavier told her “better hope you see me before I see you” and “nice kid. Cute kid."
...
Given the two inappropriate aggravators found, and the below argument that the trial court wrongly sentenced Xavier to the maximum sentence, this Court should reweigh the circumstances and issue a revised sentence.
Dargon335
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Well if XB's gun was supposedly in a discarded Christmas tree then it's possible LE didn't see it.
I do not recall seeing MSM reports about LE searching XB's home the day before the "accidental discharge" of the weapon.
FrostedGlass
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A quote from the appeal. I wonder who the other DNA source is. Was he hiding the gun in the tree?
FrostedGlass
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This is he intimidation charge:
29D07-2406-CM-004889
29D07-2406-CM-004889
| 09/10/2024 | Judgment Judicial Officer: Murphy, Darren J.
| ||||||
| 09/10/2024 | Sentenced Judicial Officer: Murphy, Darren J.
|
Dargon335
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Thanks to FrostedGlass for this additional information. At this point nothing regarding his actions surprises me.
Recall that XB did not show up for at least one of his court hearings while he was out on bail, paid by his mother, and a warrant was issued for his arrest:
Ciera Breland: Manhunt Begins as Sole Person of Interest in Missing Wife Case Vanishes
[...]
The primary “person of interest” in an almost two-year-old Indiana missing person case has gone missing himself.
Xavier Breland, the estranged husband of Ciera Breland, failed to appear in court in Hamilton County, Indiana, for an unrelated gun charge in late December and has not been located since.
In response to the defendant’s disappearance, a Hamilton County judge issued a re-arrest warrant and called off the scheduled January 8 jury trial.
[...]
Recall that XB did not show up for at least one of his court hearings while he was out on bail, paid by his mother, and a warrant was issued for his arrest:
Ciera Breland: Manhunt Begins as Sole Person of Interest in Missing Wife Case Vanishes
[...]
The primary “person of interest” in an almost two-year-old Indiana missing person case has gone missing himself.
Xavier Breland, the estranged husband of Ciera Breland, failed to appear in court in Hamilton County, Indiana, for an unrelated gun charge in late December and has not been located since.
In response to the defendant’s disappearance, a Hamilton County judge issued a re-arrest warrant and called off the scheduled January 8 jury trial.
[...]
FrostedGlass
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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
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 Pursuant to Plea Agreement in Other Cause entered. Copy to Sheriff and PO via court mail. jp Noticed: Garrison, J. Gregory Noticed: Duepner, Joe Michael Noticed: Thompson, Ashley Marie Order Signed: 09/11/2024 |
FrostedGlass
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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 of the offense, the reviewing court should look at whether the offense was accompanied by restraint, regard and lack of brutality. Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) It is on this point alone that demonstrates the trial court’s sentencing decision was inappropriate. Xavier here showed some regard and restraint. And certainly, there was no brutality. The evidence here suggested that Xavier’s possession of this firearm may have simply amounted to an accidental discharge.[Appellant’s App. Vol. 2, pp. 19] and [Trans. Vol. 2, p. 71] Furthermore, the possession, whether it was actual or constructive, took place in Xavier’s residence and resulted in no harm to anyone. Nobody was threatened by his use of the firearm, and in fact, Xavier called 911 to report the discharge of the weapon.
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 of the offense, the reviewing court should look at whether the offense was accompanied by restraint, regard and lack of brutality. Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) It is on this point alone that demonstrates the trial court’s sentencing decision was inappropriate. Xavier here showed some regard and restraint. And certainly, there was no brutality. The evidence here suggested that Xavier’s possession of this firearm may have simply amounted to an accidental discharge.[Appellant’s App. Vol. 2, pp. 19] and [Trans. Vol. 2, p. 71] Furthermore, the possession, whether it was actual or constructive, took place in Xavier’s residence and resulted in no harm to anyone. Nobody was threatened by his use of the firearm, and in fact, Xavier called 911 to report the discharge of the weapon.
Dargon335
Insufficient facts invite speculation.
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Was it??