GUILTY IN - James Chadwell II, 42, arrested after girl 9, found in his home, Lafayette, 19 Apr 2021 #4

[FrostedGlass]

Indiana Dept. of Correction
Indiana Offender Database Search

JAMES B CHADWELL II
DOC Number: 286303
First Name: JAMES
Middle Name: B
Last Name: CHADWELL
Suffix: II
Date of Birth: 03/1979
Gender: Male
Race: White
Facility/Location: Reception Diagnostic Center
Earliest Possible Release Date: * 05/06/2095

 

[minazoe]

wait he filed an appeal? how can you appeal your own confession? can you appeal the sentence in Indiana?
mOO

 

[HistoryNut]

wait he filed an appeal? how can you appeal your own confession? can you appeal the sentence in Indiana?
mOO

Unbelievable! Does this mean he wants a trial now?

 

[FrostedGlass]

It's possible that there's a problem with the plea deal. Maybe he's appealing the sentence: Count 2 is consecutive to Count 1 and Count 3 is concurrent with Count 2. Or it could be something else. I have no background in law so this is just a guess.

In a case in Elkhart Co., the convicted was sentenced to more years than the plea allowed. He appealed and was re-sentenced.

I'll update when the appeal is filed.

 

[sunshineray]

It's not part of any other case but the current one and it is standard. I'll explain.

He was initially charged with as many charges as LE could find that would fit the situation - I think there were as many as nine initial charges. Off the top of my head (but it's listed in the posts by @FrostedGlass and @Niner above) - attempted murder, attempted intentional killing of another, 2 counts of child molestation, kidnapping, criminal confinement, battery on a victim under 14, and strangulation.

However, if you'll notice he was only sentenced for two counts of child molesting, attempted murder and attempted intentional killing of another, for which he received 90 years. The kidnapping, criminal confinement, serious bodily injury, and strangulation were vacated by the judge. Why? The court determined that those charges could basically be contained within other ones that he was being sentenced for (the attempted murder and attempted intentional killing).

The double jeopardy memorandum is a standard filing to make sure that he cannot in the future be returned to court and charged with, for example, the strangulation - because at this point all parties have agreed that his punishment for strangling the victim is included within his sentence for the other crimes against her.

MOO only.

Yemelyan, thank you for explaining that. One thing if you know...why would the state's Sentencing Memo be listed as "Confidential"? What could be kept secret regarding JBC's sentence?

Is it just the mention of his victim in the paperwork, something like that? I can't see the need for the child's name on his sentencing paperwork though.

TIA

 

[Yemelyan]

Yemelyan, thank you for explaining that. One thing if you know...why would the state's Sentencing Memo be listed as "Confidential"? What could be kept secret regarding JBC's sentence?

Is it just the mention of his victim in the paperwork, something like that? I can't see the need for the child's name on his sentencing paperwork though.

TIA

There's nothing secret about the sentence itself that was handed down, they are likely just keeping confidential some of the information that the judge used to render the decision on what the sentence would be.

His sentencing memo likely contains information from the pre-sentencing investigation prepared by the probation department - so it could include name of victim or victim's family members (if they submitted victim impact statements, which I'd think they would). It could include names of character witnesses on an offender's behalf (though I doubt JBC had any). It also definitely contains any kind of psychological evaluation that was done on JBC and that can be ruled confidential as well. MOO though.

 

[FrostedGlass]

I think his appeal is for his sentence but we'll find out soon.

04/21/2022 = Order Granting Motion for Extension of Time To File Brief
Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Extension of Time to File Brief is granted as a final extension. 2. Appellant's Brief is due on May 12, 2022.

 

[Schatz]

New docs posted. Of note, per one of them Chadwell has PTSD and borderline personality disorder.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

 

[Schatz]

New docs posted. Of note, per one of them Chadwell has PTSD and borderline personality disorder.

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Here are the files.

 

[FrostedGlass]

[snips]
ARGUMENT I. Chadwell’s convictions under Count 2 and Count 3 violate double jeopardy.

CONCLUSION For the foregoing reasons, Chadwell respectfully requests that this Court vacate Chadwell’s convictions under Count 2 and Count 3.
*******

01.	35-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
	• Plea Guilty
02.	35-42-4-3(a)/F1: Child Molesting where def. is at least 21 years of age
	• Plea Guilty
03.	35-42-4-3(a)/F1: Child Molesting where def. is at least 21 years of age
	• Plea Guilty

 

[Rossymom]

Another extension was filed today.

 

[Schatz]

I just noticed the 20 page response from the State that was posted on the 8th.

 

[Schatz]

I just noticed the 20 page response from the State that was posted on the 8th.

I don’t know that there is much that is new, but it’s the first time I think I’ve seen verified that JBC knew the victim’s mother, joined the neighborhood search party, and consoled the grandmother.

 

[Megnut]

I don’t know that there is much that is new, but it’s the first time I think I’ve seen verified that JBC knew the victim’s mother, joined the neighborhood search party, and consoled the grandmother.

Ghastly.

 

[minazoe]

Ghastly.

How did he join the search party when he was busy molesting his victim? was it before the cops came the first time?

 

[Schatz]

How did he join the search party when he was busy molesting his victim? was it before the cops came the first time?

I believe it said he went out and joined the search party after talking to the cops the *first* time, before they came back to his house.

 

[carbuff]

I believe it said he went out and joined the search party after talking to the cops the *first* time, before they came back to his house.

That's my memory, too. Between the two visits.

 

[IQuestion]

His 714 Park Ave, Lafayette house sold on June 10, 2022 for $103,000....so guess he is not planning to return any time soon.

 

[HistoryNut]

His 714 Park Ave, Lafayette house sold on June 10, 2022 for $103,000....so guess he is not planning to return any time soon.

I read somewhere that he claimed he was buying the house on land contract, so it was owned by someone else. With the horrors of what happened there, I can’t believe that anyone would buy it.

 

[minazoe]

so weird I just posted about him on the Delphi thread..he is a scary person ..he is still on the list as far as I know..I pray he never gets out.