CONVICTION OVERTURNED IN - Man Guilty of Multiple Charges Against Elderly Woman Wins Appeal - 21 June 2021

[Niner]

46 years sounds good to me! Plus his 30 years for Elkhart County!!

 

[FrostedGlass]

46 years sounds good to me! Plus his 30 years for Elkhart County!!

I'm OK with that, too. Let's just hope science doesn't discover the fountain of youth before then.

I still want to see the plea deal...
Indiana DOC updated:

Date of Sentence: 12/01/2021
Description: RAPE
Term in Years / Months / Days
20, 00, 00000
Type of Conviction: F1
Indiana Citation Code: 35-42-4-1
Cause Number: 50D01-1909-F1-000004
County of Conviction: MARSHALL
Projected Release Date: 06/24/2091

 

[Niner]

So - before his conviction was overturned - he was serving 78 years - so he whittled it down to 2 years.

 

[FrostedGlass]

So - before his conviction was overturned - he was serving 78 years - so he whittled it down to 2 years.

Well, maybe putting it that way...I might not be OK with the new sentence.

 

[FrostedGlass]

@Niner
They made a plea deal on charges 1 and 2. The rest: 3, 4, 5, 6 were dismissed. I shortened the charge descriptions for space. Notice they amended count 1; I think it needed to read "consecutive".

12/01/2021 = Judgment
Judicial Officer:Bowen, Robert O
01) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
• Plea by Agreement
02) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
• Plea by Agreement
03) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
• Dismissed
04) 35-43-2-1/F1:Burglary , but serious bodily injury occurs and
• Dismissed
05) 35-42-5-1(a)(2)/F2: Robbery Resulting in Serious Bodily Injury
• Dismissed
06) 35-42-3-3(a)/F3: Criminal Confinement while armed with a deadly weapon
• Dismissed

12/01/2021 = Sentenced
01) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
Comment: (26 YEARS (20 YEARS PLUS 6 YEARS HABITUAL ENHANCEMENT) IDOC/ 0 TIME SUSPENDED)
Confinement to Commence: 12/01/2021
Indiana Department of Correction
Term: ---
Concurrent with Prior Sentence: COUNT II (I think this is the amended one)
Consecutive with Prior Sentence: 20D03-2003-F2-5

12/01/2021 = Sentenced
2) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
Comment: (20 YEARS IDOC/ 20 YEARS TO SERVE/ 0 TIME SUSPENDED)
Confinement to Commence: 12/01/2021
Indiana Department of Correction
Term: ---
Consecutive with Prior Sentence: COUNT I; 20D03-2003-F2-5

12/01/2021 = Amended Sentence
Reason: Other
1) 35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force
Comment: (26 YEARS (20 YEARS PLUS 6 YEARS HABITUAL ENHANCEMENT) IDOC/ 0 TIME SUSPENDED)
Confinement to Commence: 12/01/2021
Indiana Department of Correction
Term: ---
Consecutive with Prior Sentence: COUNT II; 20D03-2003-F2-5

 

[Niner]

Thanks @FrostedGlass - I have corrected my notes.

 

[FrostedGlass]

Thanks @FrostedGlass - I have corrected my notes.

For some reason, I was thinking he had more years than Indiana DOC has. That must have been just wishful thinking...I wasn't considering time served and good time credit. As long as he has enough to keep him in prison for the rest of his life, it's all good. No woman should ever have to suffer at the hands of this predator again. IMO