IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*

[FrostedGlass]

Update

10/25/2021 = Sentenced
Judicial Officer: Kenworthy, Dana J.
1. 35-42-1-5/F5: Reckless Homicide def. recklessly kills another human being
Confinement to Commence: 10/25/2021
Indiana Department of Correction
Term: 5 Yr
Jail Credit: 10 Days
Suspended: 4 Yr 351 Days
Concurrent with Prior Sentence: to Count 2
Comment: Court imposes 5 years with 14 days executed & 4 years 351 days suspended & served on formal/supervised probation; credit of 10 actual days; pay restitution, upon filing of appropriate documents and/or hearing be held; be evaluated by Reentry Court & if admitted, participate & successfully complete the program; not to own or possess a firearm; submit DNA sample; pay court costs & fees in the sum of $435-due on or before 10/25/22; bond shall be released to Craig Persinger.

10/25/2021 = Sentenced
Judicial Officer: Kenworthy, Dana J.
2. 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.
Confinement to Commence: 10/25/2021
Indiana Department of Correction
Term: 2 Yr 180 Days
Jail Credit: 10 Days
Suspended: 2 Yr 166 Days
Concurrent with Prior Sentence: to Count 1
Comment: Court imposes 2.5 years with 14 days executed & 2 years 166 days suspended & served on formal/supervised probation.

10/25/2021 = Judgment
Judicial Officer: Kenworthy, Dana J.
01. 35-42-1-5/F5: Reckless Homicide def. recklessly kills another human being
• Plea by Agreement
02. 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.
• Plea by Agreement

10/26/2021 = Conditions of Probation
Order Signed: 10/26/2021

 

[FrostedGlass]

@Niner New entries regarding this part of the sentencing; looks like funeral/burial expenses:

pay restitution, upon filing of appropriate documents and/or hearing be held;

11/19/2021 = Document Filed
A. McMillan Needham Storey.pdf
Filed By: State of Indiana

11/19/2021 = Document Filed
A. McMillan Grant Memorial PArk.pdf
Filed By: State of Indiana

11/29/2021 = Compliance Hearing
Session: 11/29/2021 8:00 AM, Judicial Officer: Kenworthy, Dana J.
Comment: State filed restitution?

01/03/2022 = Compliance Hearing
Session: 01/03/2022 8:00 AM, Judicial Officer: Kenworthy, Dana J.
Comment: Defendant object restitution amount?

 

[Niner]

@Niner New entries regarding this part of the sentencing; looks like funeral/burial expenses:


11/19/2021 = Document Filed
A. McMillan Needham Storey.pdf
Filed By: State of Indiana

11/19/2021 = Document Filed
A. McMillan Grant Memorial PArk.pdf
Filed By: State of Indiana

11/29/2021 = Compliance Hearing
Session: 11/29/2021 8:00 AM, Judicial Officer: Kenworthy, Dana J.
Comment: State filed restitution?

01/03/2022 = Compliance Hearing
Session: 01/03/2022 8:00 AM, Judicial Officer: Kenworthy, Dana J.
Comment: Defendant object restitution amount?

 

[FrostedGlass]

 

[Niner]

Monday, Nov. 29th:
*Compliance Hearing (@ 8am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 23) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial was set to begin on 10/5/21 vacated plead guilty.
Court info from 12/10/19 thru 9/15/21 reference post #99 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
9/27/21 Update: Hearing was held. State appears by Scott Hunt, defendant is present in person & by Counsel Craig Persinger. Plea agreement filed. Guilty plea held. Order on Guilty Plea issued. The Court orders a Presentence Investigation Report to be made & filed & sets sentencing hearing on 10/25/21 at 10:30am. 10/20/21: Pre-sentence investigation report filed by Grant County Probation Dept.
10/25/21 Update: The judge noted his relatively clean record & that he hadn't really been in any other trouble. Judge accepted the plea deal. Sentencing: Reckless homicide defendant recklessly kills another human being: Term: 5 Years; Jail Credit: 10 Days; Suspended: 4 Years 351 Days; Concurrent with Prior Sentence: to Count 2; Comment: Court imposes 5 years with 14 days executed & 4 years 351 days suspended & served on formal/supervised probation; credit of 10 actual days; pay restitution, upon filing of appropriate documents and/or hearing be held; be evaluated by Reentry Court & if admitted, participate & successfully complete the program; not to own or possess a firearm; submit DNA sample; pay court costs & fees in the sum of $435-due on or before 10/25/22; bond shall be released to Craig Persinger.
For Criminal recklessness committed with a deadly weapon: Confinement to Commence: 10/25/2021: Indiana Dept. of Correction; Term: 2 Years 180 Days; Jail Credit: 10 Days; Suspended: 2 Years 166 Days. Concurrent with Prior Sentence: to Count 1
Comment: Court imposes 2.5 years with 14 days executed & 2 years 166 days suspended & served on formal/supervised probation.
For Reckless homicide defendant recklessly kills another human being: Plea by Agreement, For Criminal recklessness committed with a deadly weapon: Plea by Agreement.
11/19/21 Update: 11/19/21: A. McMillan Grant Memorial document filed by State. Compliance hearing on 11/29/21 re State filed restitution. And compliance hearing on 1/3/22 re defendant object restitution amount.

 

[Niner]

@FrostedGlass - just checking that the next court hearing IS 1/3/22 for compliance hearing.

TIA!

 

[FrostedGlass]

@Niner This is the only one he has:

01/03/2022 = Compliance Hearing
Session: 01/03/2022 8:00 AM, Judicial Officer: Kenworthy, Dana J.
Comment: Defendant object restitution amount?

 

[Niner]

Monday, January 3rd:
*Compliance Hearing (@ 8am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22/now 24) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K.
Trial was set to begin on 10/5/21 vacated plead guilty. 10/25/21: Court imposes 2.5 years with 14 days executed & 2 years, 166 days suspended & served on formal/supervised probation.
Court info from 12/10/19 thru 10/25/21 reference post #105 here:
IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019 *Arrest*
11/19/21 Update: A. McMillan Grant Memorial document filed by State. Compliance hearing on 11/29/21 re State filed restitution. And compliance hearing on 1/3/22 re defendant object restitution amount. 11/29/21 Update: Next compliance hearing on 1/3/22.

 

[Niner]

@FrostedGlass - any news on what happened at the hearing? I'm going to print up my new sheets for my notes - and was wondering if there was an update?

TIA!

 

[FrostedGlass]

@FrostedGlass - any news on what happened at the hearing? I'm going to print up my new sheets for my notes - and was wondering if there was an update?

TIA!

There's nothing new.

 

[Niner]

There's nothing new.

Thanks for nothing! J/K !

 

[Niner]

@FrostedGlass - it's been about a week since I asked... anything new on court dates or ??

TIA!

 

[FrostedGlass]

@FrostedGlass - it's been about a week since I asked... anything new on court dates or ??

TIA!

No new dates but I searched his name and see he transferred his probation to another county. Here is the info on that case.

18C03-2112-MC-001462
Court Delaware Circuit Court 3
Type MC - Misc, Intrastate/Interstate/Re-Entry Court
Filed 12/01/2021
Status 12/10/2021 , Decided
Related: 27D02-1912-F5-000154

12/01/2021 = Case Opened as a New Filing
12/01/2021 = Case Venued In

12/03/2021 = Intrastate Probation Transfer Request filed
from Grant County
Filed By: Smith, Austin Mark

12/03/2021 = Intrastate Probation Transfer Accepted: Without Sanctioning
Jennifer Hannah

 

[Niner]

So... @FrostedGlass - is this case finished? Can I put it on my "shelf"?

TIA!

 

[FrostedGlass]

So... @FrostedGlass - is this case finished? Can I put it on my "shelf"?

TIA!

There is nothing new in either case; so I'm assuming it's a done deal unless he violates probation.

 

[Niner]

There is nothing new in either case; so I'm assuming it's a done deal unless he violates probation.

Okay - I shall "shelf" this case then - Thanks!