Friday, March 4, 2011
By Anna Rochelle, Staff Writer [Greene County [IN] Daily World]
The wheels of justice turned tough Friday [March 4, 2011]on Alex C. Callison, a Bloomfield man who entered several pleas of guilty in a case involving the rape and confinement of a 78-year-old woman in October. He's headed to the Indiana Department of Corrections for 88 years in prison. Even if he racks up good time credit, it would still be 44 years before his release. Callison was 28 years old when he was arrested on Oct. 31.
When Greene Superior Court Judge Dena Martin pronounced the sentence on each of four criminal counts, she ruled that the sentences will be served consecutively, or one after the other.
During a change of plea and sentencing hearing early Monday, Callison entered a plea of guilty to, and was sentenced to:
* Burglary, a class A felony, 47.5 years (the maximum allowed by law is 50 years)
* Rape, a class B felony, 19 years (maximum of 20 years)
* Criminal deviate conduct, a class B felony, 19 years (maximum of 20 years)
* Intimidation, a class D felony, 2.5 years (maximum of 3 years)
Callison was represented in court by Attorney James Riester, serving as a public defender. The State's case was argued by Greene County Deputy Prosecutor Keven McIntosh.
The case initially filed against Callison included five other criminal counts which were dismissed under the terms of a negotiated plea agreement. The agreement left sentencing up to the discretion of the judge.
After the hearing, McIntosh said the Prosecutor's Office was pleased with the sentences. "He got roughly what he would have gotten had this case gone to trial and if he had been found guilty by a jury," said McIntosh noting that under Indiana's sentencing guidelines, some of the charges would have been merged for sentencing purposes.
"I'm happy with the outcome and I think the victim's family is happy with the outcome," said McIntosh.
The defense did not share that satisfaction and requested that a state public defender be appointed to represent Callison in an appeal of the sentence. Since Callison plead guilty, by law he cannot appeal the conviction, but he can appeal the sentence.
McIntosh said the victim did not ever want to see the defendant again and she didn't want to have to go through a trial. But she told him if it became necessary, she would testify. The victim did not attend the sentencing hearing, but was represented by four members of her family who all took the stand: Three daughters and one granddaughter.
"They did a tremendous job conveying to the judge how this has affected their mother and grandmother and their entire family," said McIntosh. "They should be commended for their heartfelt testimony."
Callison was accused of breaking into a home where the elderly victim lived alone. She thought she heard a knock on her door at 3:30 a.m. but chose not to answer it due to the time of night. Moments later Callison broke in and made his way into her bedroom.
Callison stayed in the home until the next afternoon. During that time, the victim was attacked again and again, forced to make breakfast for the man and she was threatened with knives out of her own kitchen.
She was able to give police a description and later identified Callison in a photo lineup. Crime scene technicians seized numerous items of evidence including the knives, Coke cans he drank from and other materials with DNA evidence and/or fingerprints.
When the victim was first interviewed, a detective said she was "visibly shaken" and became physically ill. During the hearing, two interviews were replayed, one with the victim and one with Callison.
Callison's criminal history was also brought out -- he had one previous conviction on his record, a class C felony burglary involving a break-in at a barber shop in Daviess County. Callison was on parole for that conviction when the current crime was committed.
McIntosh said he thought the defendant did seem sorry for what had happened but that didn't make up for what he did to the victim.
"I do not think that Callison is just a predator. I think this incident was fueled by drugs and alcohol," said McIntosh. "Appearances can be deceiving, but in court, he seemed remorseful. And by admitting guilt, he did save us going through a trial."
When asked about the victim's recovery, McIntosh said this had been a very difficult experience for her. "Since this happened, she's no longer able to stay by herself -- this changed her life greatly," said McIntosh. "She's tough, but this has affected her deeply. I hope she will overcome this, I think she will overcome this. I know she's a resilient lady."
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Showing posts with label IN. Show all posts
Showing posts with label IN. Show all posts
Sunday, March 6, 2011
Thursday, December 9, 2010
Girl's basketball coach charged with child seduction for "affair" with 17 year old sentenced to house arrest
(Original Post 12-20-09)
An Indianapolis girls' basketball coach was charged with child seduction Friday, December 18 for having an "affair" with a 17 year old girl. Investigations believed that Sara Strahm, a 28 year old Pike High School basketball coach, began the "relationship" with her charge earlier in the fall. Pike officials notified police about the alleged relationship.
Sgt. Paul Thompson of the Indianapolis Metropolitan Police Department said his agency will give more details of the case Monday, when formal charges are filed. "We believe there were five instances of sexual contact between these two individuals. State law clearly states that if you're under 18, you can't give consent if it's a relationship with someone in a position of trust such as a school official." The Metro police department wants others to come forward just in case there are more victims.
Pike Township School Board member Nancy Poore stated that "I'm saddened to hear of an arrest. I'm not passing judgment on whether this is accurate information or whether anything will be proven against this person. . . . But I'm always saddened when I hear there's a problem related to one of our staff members."
Joe Johnson, a parent of a Pike student, said that "A lot of these parents work a lot of hours, and a coach is like a second family. When you get that trust and you break that, it's really disturbing."
Strahm was released on $5000 bond last night after processing at the Arrestee Processing Center.
(Update 12-24-09) Strahm was officially arraigned on six child seduction charges in an Indanapolis courtroom yesterday. There are more details about the allegetions which led to her arrest.
The affidavit said the 17-year-old student who reportedly was involved with the coach told Tiffany Thomas, another member of the school coaching staff. That information on the allegations was given to Pike Township Schools police and then passed along to the Indianapolis Metropolitan Police Department, which started its investigation Friday, the affidavit read.
An e-mail that had been sent to the Pike athletic director tipped investigators to the case. The athletic director, James Perkins, is quoted in the affidavit as saying there had been allegations about teacher and student earlier this autumn, that Strahm had denied the relationship, and that he had warned Strahm about contact with members of the basketball team. Both women initially denied, then admitted to the relationship, according to the affadavit.
The victim claimed she loved Strahm, according to the complaint. "She (the student) said she loves Ms. Strahm and did not want to get her in trouble." Strahm has been replaced by her assistant David Barlow,
father of a former standout.
(Update 12-9-10) Strahm was sentenced to a year in jail, with 185 days suspended and the rest on house arrest after pleading guilty to two counts of child seduction. The guilty plea took place November 22, 2010. In Indiana, child seduction carries a 1 to 3 year prison sentence and occurs when a person in a position of trust has sexual contact with a teen between 16 and 18.
The Marion County Prosecutor's Office said Strahm will be on probation for 185 days and must undergo sex offender treatment. She has a no-contact order with the victim. Strahm was ordered to give up her teaching license. Her felonies will be reduced to misdemeanors if she successfully completes probation.
Besides the above consequences, she was also ordered to undergo 240 hours of community service and fired from her coaching job in January.
(Update 12-24-09) Strahm was officially arraigned on six child seduction charges in an Indanapolis courtroom yesterday. There are more details about the allegetions which led to her arrest.
The affidavit said the 17-year-old student who reportedly was involved with the coach told Tiffany Thomas, another member of the school coaching staff. That information on the allegations was given to Pike Township Schools police and then passed along to the Indianapolis Metropolitan Police Department, which started its investigation Friday, the affidavit read.
An e-mail that had been sent to the Pike athletic director tipped investigators to the case. The athletic director, James Perkins, is quoted in the affidavit as saying there had been allegations about teacher and student earlier this autumn, that Strahm had denied the relationship, and that he had warned Strahm about contact with members of the basketball team. Both women initially denied, then admitted to the relationship, according to the affadavit.
The victim claimed she loved Strahm, according to the complaint. "She (the student) said she loves Ms. Strahm and did not want to get her in trouble." Strahm has been replaced by her assistant David Barlow,
father of a former standout.
(Update 12-9-10) Strahm was sentenced to a year in jail, with 185 days suspended and the rest on house arrest after pleading guilty to two counts of child seduction. The guilty plea took place November 22, 2010. In Indiana, child seduction carries a 1 to 3 year prison sentence and occurs when a person in a position of trust has sexual contact with a teen between 16 and 18.
The Marion County Prosecutor's Office said Strahm will be on probation for 185 days and must undergo sex offender treatment. She has a no-contact order with the victim. Strahm was ordered to give up her teaching license. Her felonies will be reduced to misdemeanors if she successfully completes probation.
Besides the above consequences, she was also ordered to undergo 240 hours of community service and fired from her coaching job in January.
Saturday, September 25, 2010
Paroled rapist gets two life without parole sentences for rape, arson murder of sisters
A man who raped and burned to death two Northwest Indiana sisters was sentenced to life without parole Thursday, September 9, 2010. 36 year old David Alan Flores, a sex offender convicted of rape twice before, was sentenced by Lake Criminal Court Judge Thomas Stefaniak Jr for the burglary, rapes, and murders of two twenty something sisters, one of which had recently married.
Flores, 36, of Griffith, had faced the death penalty had the case gone to trial. He pleaded guilty Aug. 26 to two counts of murder and two counts of rape of Jennifer Evans, 28, of Griffith, and Kristen Evans-Kennedy, 25, of Chicago.
Stefaniak said that if Flores had received the death penalty, there was a three-in-five chance that it would have been overturned on appeal. However, the judge made clear that Flores deserved such a punishment. "As I live my life and talk to people, this is just the case in a perfect world that would justify the death sentence. I could pronounce a death sentence. The fact of the matter is you, Mr. Flores, are the devil among us. There are no redeeming qualities that you have and there is nothing you can offer society," Stefaniak told the murderer.
Jennifer had bought a house on North Lindberg Street, and Flores happened to show up with a friend on Sept. 10, 2009, at a small gathering she hosted.
He went inside to use the bathroom, unlocked a window to the office across the hall, and returned after the women were in bed to rape, strangle and stab them. Before he left, he collected items he'd touched, then set fire to the home. The autopsies showed the women were alive when the fire was started.
Lake County Prosecutor Bernard Carter said that the family of the victims would have gone for the death penalty, but "They did not want in and out of court for the next 25 years.You have to listen to the family."
Family friend Sue Brownwell said that "Each was a force in her own right, and they were an unbeatable team together. They will live in our treasured memories."
Mary Ann Evans, comparing the murders of her daughters to 9-11, called the murders her "personal terrorist attack." Her husband and the victims' father Ron, a retired Munster firefighter, was the person who discovered his daughters' still burning bodies. "I watched him die the day he found Jen and Kristen. I am alone. I am the woman that everybody pities," she said. Ron died of cancer six months after the murder. A slideshow of them was played just before Flores' sentencing.
Mary Evans is working with legislators to ensure that repeat sex offenders like Flores can never be granted parole. Flores was on parole for another rape when he murdered the two young women.
Monday, September 13, 2010
Couple abuse developmentally disabled woman for 13 years starting when she was 14 - Woman sentenced to 40 years
(Original Post 5-10-08)
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
"It started here in Muncie when the girl was 14. She's presently 27. We believe they lived in Muncie for the first two years of this abuse then moved to Salyersville, Kentucky," said Sgt. Linda Cook, Muncie police.
The Tacketts had recently moved to a Muncie neighborhood from Kentucky. When a relative asked the victim why she was wearing a birth control patch, the woman told of the history of abuse and the relative then called police.
Police say Patricia Tackett and the victim were living in a home on Hodson Street with Duane Tackett still in Kentucky. Police records describe a regular patten of sexual abuse by both suspects. Investigators say the victim has the mental capacity of a child.
"We're looking at adding at least one rape count to each defendant because of the mental capacity of the victim," said Mark McKinney, Delaware County prosecutor.
"I believe it may have become part of her life and maybe it was accepted. She definitely tells me she doesn't want to do it anymore and doesn't like the people that did this to her."
The break in the case occured when the victim told an aunt that Duane Tackett repeatedly had sex with her for the past 13 years. Duane Tackett was persuaded to return to Indiana to face the sex charges according to Cook. Underlying issues regarding the abuse include not wanting the woman to "date" other men.
Patricia Ann Tackett, 47, 124 1/2 N. Hodson St., was arrested this week on a preliminary charge of sexual misconduct with a minor.
Her husband, Duane Ray Tackett, 48, was taken into custody Wednesday, preliminarily charged with sexual misconduct with a minor, criminal deviate conduct and child solicitation. They were being held without bond in the Delaware County jail late Wednesday.
Formal charges the Tacketts face may also include rape, as mentioned above. They are being held without bond and face Kentucky charges as well.
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
Wednesday, February 24, 2010
Second female teacher in as many months charged with child seduction at Indianapolis high school
(Original Post 2-18-10)
According to a probable cause affidavit, Abdullah was an instructional assistant who tutored the boy after he returned to school in January. Police said that in one of three encounters, Abdullah performed oral sex on the boy and then texted him about the encounter, later asking him to delete the text because she could get in trouble for what she had done.
Investigators said that in a Feb. 5 incident, the boy skipped school and stayed at Abdullah's house, where they fondled each other.
"She admitted that she knew what she had done was wrong," according to the affadavit. Lieutenant Jeffery Duhamell stated why Abdullah was charged with child seduction when Indiana's AOC is normally 16. "She's a person of trust and he's a student, and that's supposedly how they met, and, basically, that crosses the line and becomes a criminal act."
Abdullah, who has worked as a teacher's aide at Pike High, has been removed from the classroom, according to officials. She's being held on $30,000 bond. Besides Abdullah, former coach Sara Strahm has been charged with the same crime for a relationship with a player on her girls' basketball team.
(Update 2-24-10) Abdullah pled not guilty at her arraignment yesterday. Her bond was reduced to $500, allowing her to be placed on house arrest until trial. Her attorney, Jack Crawford, described the conditions of house arrest.
"The judge was very firm. She cannot have any contact - she cannot even pick her daughter up at school or drop her off at school. She's gonna have to make different arrangements while this case is pending and that's understandable. The charges are serious. They involve young people, so while these charges are going on, she must avoid young people."
The reason Abdullah can't pick up or drop off her daughter is because she was fired from Pike High and barred from going onto the premises. She still has supporters from her church.
"She needs all the support she can get," said Anthony Chapman, a church member. "I'm not discounting the fact that she's made a mistake. But at these times it's important to have support of your church family."
Her church members have a message for the student and his family involved in this case. They're hoping the student's family can look past the alleged conduct.
"Hopefully they can find it in their heart to forgive. Its about forgiveness and reconciliation and in America you have a lot of high profile cases and celebrities who make mistakes as well as common people," said Chapman.
Abdullah faces 1 to 3 years in prison if convicted as charged.
Thursday, February 18, 2010
Zionsville, IN man pleads guilty to bashing death of ex-wife, sentenced to 43 years
(Original Post 12-21-09)
A Zionsville, Indiana man was given a plea deal by Boone County, IN prosecutors Thursday, December 17 in the slaying of his ex-wife on June 11, 2009 because the price of getting a murder conviction would be making their 5 year old son testify about the night his father bashed his mother's head in. 32 year old Michael Stayer pled guilty to the charges in exchange for a 43 year prison sentence in the Indiana Department Of Corrections.
According to Stayer's confession, he and the victim, his ex-wife, got into an argument at her Whitestown apartment. While he was in their daughter's bedroom, he said, Beth Stayer charged at him with a hammer, which he took from her and proceeded to use on her as their son watched.
Prosecutors said Beth Stayer also was beaten with a metal can and other objects for approximately five minutes. Leaving his ex-wife in a pool of blood on the floor, Stayer called 911. Beth Stayer was rushed to Methodist Hospital, where she died the next day.
The Stayers, divorced for less than two months at the time of the slaying, had marital trobles, and Michael had stalked and threatened his wife. Boone County Prosecutor Todd Meyer said "The cost to get a murder conviction was too great. In order to get the murder conviction, we would have to call Carson Stayer as a witness. . . . Making him relive the crime is too significant of a burden to put on a 5-year-old child."
Ned Masbaum, forensic psychologist, said that testiying against his father "could be more harmful to Carson by his feeling more unrealistic guilt and depression. He is too young to be able to put his role as a witness into the concept of justice for his mother."
Stayer also made a deal with the Indiana Department of Child Services for his parental; rights not to be terminated in exchange for Carson and his 2 year old sister Ashleigh to continue to live with the victim's father. Boone Circuit Judge Steve David will formally sentence Stayer on February 17. Stayer is expected to become parole-eligible in 2030.
(Update 2-18-10) Sentencing, as expected, took place yesterday for Stayer. Stayer will serve 43 years in the custody of the Indiana Department Of Corrections. Judge David said that "Your lack of remorse is disturbing to me. It's appalling, if not shocking...Your children may never fully recover from your reckless act of violence. Innocent people have been affected by your actions."
Boone County Prosecutor Todd Meyer said that "I don't think he's in touch with the reality of what he's done and what he's done to his family." Sheriff Ken Campbell said that when he transported Stayer to the courthouse, he was making small talk with the guards. Campbell said Stayer would be placed in the custody of the Indiana Department Of Corrections as soon as possible because "I don't want him in my jail."
(Update 2-18-10) Sentencing, as expected, took place yesterday for Stayer. Stayer will serve 43 years in the custody of the Indiana Department Of Corrections. Judge David said that "Your lack of remorse is disturbing to me. It's appalling, if not shocking...Your children may never fully recover from your reckless act of violence. Innocent people have been affected by your actions."
Boone County Prosecutor Todd Meyer said that "I don't think he's in touch with the reality of what he's done and what he's done to his family." Sheriff Ken Campbell said that when he transported Stayer to the courthouse, he was making small talk with the guards. Campbell said Stayer would be placed in the custody of the Indiana Department Of Corrections as soon as possible because "I don't want him in my jail."
Monday, December 28, 2009
Judge rejects plea agreement between victim and ex-"girlfriend"
A man whose potential maximum sentence went from 20 to 2 years had his plea agreement rejected by Allen County Superior Court Judge Fran Gull after his victim, his ex-girlfriend, said that the agreement prevented her from getting justice in the case. 31 year old Chad Reuille broke into his "girlfriend" K.P.'s Fort Wayne, IN home and allegedly raped her at knifepoint last July. Reuille was originally charged with rape, but pled guilty to residential entry and invasion of privacy.
Allen County Deputy Prosecutor Stacey Speith said that text messages suggested that the attack made it hard to convict on a charge of rape, but the victim said that the statement was taken out of context.
According to both Speith and [K.P.], at some point after the alleged July attack in her home, Parrish sent Reuille’s sister a text message. The message was in response to questioning about why she hadn’t reported Reuille for alleged abuse earlier.
To which [K.P.] responded that Reuille “never used a knife.” While prosecutors might have believed that statement could indicate to the jury that [K.P.] changed her story, [she] said the text was taken out of context. “I meant he’d never used a knife before,” she said.
The victim said that “I don’t think he should just be able to be out,” Parrish said during the hearing. “I’m scared. I don’t understand this offer.” Judge Gull will sentence Reuille at a later date, to give both the prosecution and defense a chance to make a new plea agreement.
Allen County Deputy Prosecutor Stacey Speith said that text messages suggested that the attack made it hard to convict on a charge of rape, but the victim said that the statement was taken out of context.
According to both Speith and [K.P.], at some point after the alleged July attack in her home, Parrish sent Reuille’s sister a text message. The message was in response to questioning about why she hadn’t reported Reuille for alleged abuse earlier.
To which [K.P.] responded that Reuille “never used a knife.” While prosecutors might have believed that statement could indicate to the jury that [K.P.] changed her story, [she] said the text was taken out of context. “I meant he’d never used a knife before,” she said.
The victim said that “I don’t think he should just be able to be out,” Parrish said during the hearing. “I’m scared. I don’t understand this offer.” Judge Gull will sentence Reuille at a later date, to give both the prosecution and defense a chance to make a new plea agreement.
Friday, October 9, 2009
Husband of beauty stylist, former Miss Kauai pleads guilty to stabbing murder in front of kids
(Original Post 9-6-09)
A former beauty pageant winner and local hairdresser's murderer was brought to justice when he pled guilty to stabbing her 50 times in their Brownsburg, IN house. Angela Warnock, 38, and former Miss Kauai 1990, was planning to divorce her husband, Joseph Warnock, 41 and a former tanning bed salesman, and take their two daughters, now ages 12 and 8, back to Kauai due to drug and alcohol abuse.
At a hearing June 17 where Angela received a protective order against her husband, barring him from the family home, she described him as addicted to drugs and alcohol, while Joe stated that he would never hurt his wife. However, according to police, he had already bought the knife he would use to stab Angie more than 50 times.
The night of June 21, he was at an Eagle Creek Reservoir restaurant until 11:30 p.m., police said. He drove the few miles to a church parking lot about a quarter-mile from the family home, where he parked and crossed a farm field in the dark and broke in the patio door.
Police said he found Angela and the girls asleep. Reports from the coroner and evidence experts said Angela was stabbed 28 times and cut 23 times.
The girls ran, as their mother had taught them. They hid in a closet and called 911.
Hendricks Superior Court Judge Robert Freese accepted a plea agreement which states that Warnock will receive 55 years for 1st degree murder, in the midrange of the 45 to 65 years for 1st degree murder. Formal sentencing is set for October 9. A charge of home invasion was dropped.
County Prosecutor Patricia Baldwin defended the plea agreement, stating that the children would be retraumatized if they were forced to relive their mother's murder, and that the agreement was made with the consultation of the victim's family. The sentence, according to Baldwin, "sends a message about the damage that drugs and alcohol and domestic violence can do to destroy a family."
Indiana Prosecuting Attorneys Council Executive Director Stephan Johnson stated that 55 years is close to the standard murder sentence and that while there are 16 aggravating factors in murder cases, domestic violence or killings in front of children are not among those factors.
"Judges can have some discretion . . . depending on the circumstances," Johnson said. "But committing a murder in front of children is not one of approximately 16 aggravating circumstances that we have now."
Defense attorney Robert Hammerle agreed, saying the actions of the 41-year-old Warnock -- a former tanning-bed salesman who had no criminal record -- stemmed from his abuse of "alcohol and drugs during the days leading up to these events."
"This is one of those instances when he (Warnock) became a person he really isn't, because of (drug abuse) and lack of sleep.
"It was a momentary collision of emotions, which later are horrifying. But that is not a defense," Hammerle said. "The hope is that by admitting what happened, everyone in this family can move to some healing, some sense of balance, in the future."
He acknowledged that under Indiana's good-behavior provisions, Warnock could be released from prison in 20 years.
Bills have been introduced in the Indiana General Assembly making DV a statutory aggravating factor in a murder case, but none has passed yet.
(Update 10-9-09) The promised sentence, 55 years in prison, was handed down to Joseph Warnock in a Hendricks County courtroom today. Joe waived any right of appeal due to his plea agreement. Even so, Angela's stepfather and mother were present to give victim impact statements.
Gordon McGrath's statement is below:
I don't believe it [the 55 year sentence] is long enough. Anybody that can think about murdering their wife in front of their children and be able to get out in anyway, it's just not right...They're [the victims' daughters, ages 9 and 12] very scared. They won't go to bed at night by themselves. They won't go into a room by themselves. I can understand why, when this horrendous tragedy happened right in front of them. It just scarred their life forever.
Warnock himself spoke afterwards.
"Words cannot express the heartache I feel every day, the grieving and loss I feel...I am unbelievably sorry. I am devastated. I miss you. You were a great mom. I struggle each day to make it through the day. I don't expect forgiveness. I can't forgive myself. I hope and pray that one day they will be able to call me 'Dad' again."
A former beauty pageant winner and local hairdresser's murderer was brought to justice when he pled guilty to stabbing her 50 times in their Brownsburg, IN house. Angela Warnock, 38, and former Miss Kauai 1990, was planning to divorce her husband, Joseph Warnock, 41 and a former tanning bed salesman, and take their two daughters, now ages 12 and 8, back to Kauai due to drug and alcohol abuse.
At a hearing June 17 where Angela received a protective order against her husband, barring him from the family home, she described him as addicted to drugs and alcohol, while Joe stated that he would never hurt his wife. However, according to police, he had already bought the knife he would use to stab Angie more than 50 times.
The night of June 21, he was at an Eagle Creek Reservoir restaurant until 11:30 p.m., police said. He drove the few miles to a church parking lot about a quarter-mile from the family home, where he parked and crossed a farm field in the dark and broke in the patio door.
Police said he found Angela and the girls asleep. Reports from the coroner and evidence experts said Angela was stabbed 28 times and cut 23 times.
The girls ran, as their mother had taught them. They hid in a closet and called 911.
Hendricks Superior Court Judge Robert Freese accepted a plea agreement which states that Warnock will receive 55 years for 1st degree murder, in the midrange of the 45 to 65 years for 1st degree murder. Formal sentencing is set for October 9. A charge of home invasion was dropped.
County Prosecutor Patricia Baldwin defended the plea agreement, stating that the children would be retraumatized if they were forced to relive their mother's murder, and that the agreement was made with the consultation of the victim's family. The sentence, according to Baldwin, "sends a message about the damage that drugs and alcohol and domestic violence can do to destroy a family."
Indiana Prosecuting Attorneys Council Executive Director Stephan Johnson stated that 55 years is close to the standard murder sentence and that while there are 16 aggravating factors in murder cases, domestic violence or killings in front of children are not among those factors.
"Judges can have some discretion . . . depending on the circumstances," Johnson said. "But committing a murder in front of children is not one of approximately 16 aggravating circumstances that we have now."
Defense attorney Robert Hammerle agreed, saying the actions of the 41-year-old Warnock -- a former tanning-bed salesman who had no criminal record -- stemmed from his abuse of "alcohol and drugs during the days leading up to these events."
"This is one of those instances when he (Warnock) became a person he really isn't, because of (drug abuse) and lack of sleep.
"It was a momentary collision of emotions, which later are horrifying. But that is not a defense," Hammerle said. "The hope is that by admitting what happened, everyone in this family can move to some healing, some sense of balance, in the future."
He acknowledged that under Indiana's good-behavior provisions, Warnock could be released from prison in 20 years.
Bills have been introduced in the Indiana General Assembly making DV a statutory aggravating factor in a murder case, but none has passed yet.
(Update 10-9-09) The promised sentence, 55 years in prison, was handed down to Joseph Warnock in a Hendricks County courtroom today. Joe waived any right of appeal due to his plea agreement. Even so, Angela's stepfather and mother were present to give victim impact statements.
Gordon McGrath's statement is below:
I don't believe it [the 55 year sentence] is long enough. Anybody that can think about murdering their wife in front of their children and be able to get out in anyway, it's just not right...They're [the victims' daughters, ages 9 and 12] very scared. They won't go to bed at night by themselves. They won't go into a room by themselves. I can understand why, when this horrendous tragedy happened right in front of them. It just scarred their life forever.
Warnock himself spoke afterwards.
"Words cannot express the heartache I feel every day, the grieving and loss I feel...I am unbelievably sorry. I am devastated. I miss you. You were a great mom. I struggle each day to make it through the day. I don't expect forgiveness. I can't forgive myself. I hope and pray that one day they will be able to call me 'Dad' again."
Marci Theobald stated that Angela Warnock "lived for her girls and died for her girls. You are their father, and you were supposed to be their protector, not their destroyer. This tragedy was felt throughout the community and the state."
Presiding Judge Hendricks Superior Court Judge Robert W. Freese stated that Angie's family and friends should channel their anger at her murder into a desire to protect her daughters.
Friday, August 21, 2009
Woman gets 33 years in prison for having kids kill husband
Lake Superior Court (Ind.) Judge Salvador Vasquez sentenced a mother who enlisted her two children to kill her husband to 33 years in prison Thursday, August 20. Parker, formerly of Crown Point, IN, and currently of Clawson, MI, had tried to kill her husband many times, including by putting ecstacy in his food.
The plot to murder John M. Parker, a Kirby vacuum salesman, finally came together after she had her 17 year old daughter, Christina Hicks Grabski, buy a pistol for her then 15 year old son, Daniel Hicks, with the son shooting the father to death execution style outside of his Merillville, IN office April 17, 2003.
The victim's father, also named John, stated that he had "to forgive her for what she did. It's the Christian thing to do." He remembered his son as a positive human being who provided for his family. However, his granddaughter Tiffany, 11 at the time of the killing, said that once when the family lived in southwest Michigan, her father came to the dinner table and beat her over a book report. "It wasn't what everybody saw -- the perfect family," she said.
Defense attorneys Richard Kammen and Nick Thiros also presented testimony by Douglas Caruana, a licensed clinical psychologist, who said Parker fit the battered woman profile. In two interviews at the jail, Caruana said Parker told him of being sexually and physically abused as a girl. She married her abusive first husband at age 15. While the couple was divorcing in 1991, she met Parker but had extramarital affairs during their 10-year marriage.By all accounts, John Parker was a successful businessman and at one time ran the fifth best Kirby distributorship in the world, deputy prosecutor John Burke said.
Judy Parker's journey from her impoverished childhood in Texas to a life of jewelry, new cars, luxury vacations and nice homes apparently didn't buy happiness. Her daughter Tiffany testified that a month or two before her father was killed, her mother told her she was saving money so she could divorce John Parker.
In reality, Judy Parker was scheming with her two oldest children, Christina Hicks Grabski and Daniel Hicks, on how to carry out her husband's execution. They later would agree to testify against their mother in exchange for more lenient sentences.
Grabski, then 17, called the couple and had them stop by the office after dinner at the Patio restaurant under the guise of picking up something she needed for homework on that Thursday before Easter 2003. Fifteen-year-old Hicks, wearing dark clothing his mother furnished, was waiting when they pulled up in their Cadillac.
Hicks, 21, of Phoenix, AZ, faces a sentence of between 20 and 25 years when he is sentenced September 14. Grabski, 23, of Gary, faces an eight year sentence for assisting a criminal three days later on September 17. But the harshest sentence will go to Parker, who faces 28 to 35 years in prison for using her kids "in such a way you have jeopardized their liberty, their happiness, their livelihood."
The plot to murder John M. Parker, a Kirby vacuum salesman, finally came together after she had her 17 year old daughter, Christina Hicks Grabski, buy a pistol for her then 15 year old son, Daniel Hicks, with the son shooting the father to death execution style outside of his Merillville, IN office April 17, 2003.
The victim's father, also named John, stated that he had "to forgive her for what she did. It's the Christian thing to do." He remembered his son as a positive human being who provided for his family. However, his granddaughter Tiffany, 11 at the time of the killing, said that once when the family lived in southwest Michigan, her father came to the dinner table and beat her over a book report. "It wasn't what everybody saw -- the perfect family," she said.
Defense attorneys Richard Kammen and Nick Thiros also presented testimony by Douglas Caruana, a licensed clinical psychologist, who said Parker fit the battered woman profile. In two interviews at the jail, Caruana said Parker told him of being sexually and physically abused as a girl. She married her abusive first husband at age 15. While the couple was divorcing in 1991, she met Parker but had extramarital affairs during their 10-year marriage.By all accounts, John Parker was a successful businessman and at one time ran the fifth best Kirby distributorship in the world, deputy prosecutor John Burke said.
Judy Parker's journey from her impoverished childhood in Texas to a life of jewelry, new cars, luxury vacations and nice homes apparently didn't buy happiness. Her daughter Tiffany testified that a month or two before her father was killed, her mother told her she was saving money so she could divorce John Parker.
In reality, Judy Parker was scheming with her two oldest children, Christina Hicks Grabski and Daniel Hicks, on how to carry out her husband's execution. They later would agree to testify against their mother in exchange for more lenient sentences.
Grabski, then 17, called the couple and had them stop by the office after dinner at the Patio restaurant under the guise of picking up something she needed for homework on that Thursday before Easter 2003. Fifteen-year-old Hicks, wearing dark clothing his mother furnished, was waiting when they pulled up in their Cadillac.
Hicks, 21, of Phoenix, AZ, faces a sentence of between 20 and 25 years when he is sentenced September 14. Grabski, 23, of Gary, faces an eight year sentence for assisting a criminal three days later on September 17. But the harshest sentence will go to Parker, who faces 28 to 35 years in prison for using her kids "in such a way you have jeopardized their liberty, their happiness, their livelihood."
Sunday, August 16, 2009
Repeat voyeur sentenced to 12 years, sex offender treatment
Posted: August 15, 2009 [Indianapolis Star]
A Marion Superior Court judge Friday sentenced a repeated Peeping Tom to 12 years in prison and two years in community corrections.
William Newhouse, 51, was accused of spying into a woman'sbedroom several times from September to February in an apartment complex on Indianapolis' Far Southside. He pleaded guilty to all counts against him, including two counts of burglary, voyeurism, stalking and public indecency.
Newhouse broke into a screened-in porch adjacent to the woman's bedroom, according to charging documents.
He had three previous voyeurism or trespassing convictions, Deputy Prosecutor Eric Schmadeke said. Judge Kurt Eisgruber gave Newhouse a 24-year sentence, suspending 10 years. Newhouse also will be put on probation for three years and was ordered to get sex-offender treatment.
A Marion Superior Court judge Friday sentenced a repeated Peeping Tom to 12 years in prison and two years in community corrections.
William Newhouse, 51, was accused of spying into a woman'sbedroom several times from September to February in an apartment complex on Indianapolis' Far Southside. He pleaded guilty to all counts against him, including two counts of burglary, voyeurism, stalking and public indecency.
Newhouse broke into a screened-in porch adjacent to the woman's bedroom, according to charging documents.
He had three previous voyeurism or trespassing convictions, Deputy Prosecutor Eric Schmadeke said. Judge Kurt Eisgruber gave Newhouse a 24-year sentence, suspending 10 years. Newhouse also will be put on probation for three years and was ordered to get sex-offender treatment.
Sunday, July 26, 2009
ASShole Indy police officer sentenced to house arrest for coercing sex from 19 year old
(Original Post 8-22-08)
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.
Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."
According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.
"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.
IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.
A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.
"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."
Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.
The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.
Mayor Ballard said the police chief did the right thing in dismissing Smith.
"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."
(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.
(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.
A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.
Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.
Wednesday, May 27, 2009
Woman sentenced to 30 years for molesting three boys, developmentally disabled man
(Original Post 3-4-08)Michelle Vanmeter, a 35 year old former teacher and employee of a group home, was sentenced Friday, February 29 to 30 years in prison and five years of probation for sexually abusing three boys and a young deaf man with an IQ of 58. She gained access to three of her victims, who were brothers, through working with their mother at a Ft. Wayne group home.
According to court documents, VanMeter had sex with the boys between June 2006 to April 2007, and when Allen County Superior Court Judge Fran Gull sentenced her to 30 years in prison (which is 15 years for good behavior), followed by 5 years probation, giving her credit for over 15 months served.
VanMeter’s lawyer, Bart Arnold, argued that self-esteem issues and depression were to blame for his client’s behavior. Allen County Prosecutor Karen Richards said VanMeter preyed upon the families she victimized and Judge Fran C. Gull called the trust she violated worse than a parent violating the trust of a child. “My intentions were to never hurt anyone,” said VanMeter through tears at her sentencing.
Three of VanMeter’s victims were brothers. Two of them were teens, ages 13 and 15, while the third was the man, who is deaf and mentally challenged. He told his mother by sign language of their sexual encounter, according to court documents. After that the other two boys admitted the same.
According to the court documents, the trio would spend considerable time with VanMeter who met with their mother after they confessed and before she went to the police. VanMeter had just given birth to a baby girl whose pregnancy she kept secret, but then said had been the result of a one-night stand at a bar.During dinner with VanMeter, the victims’ mother saw the baby and later told police it looked like her 15-year-old son.
After the mother of the victimized brothers came forth and police filed charges, the father of a 12 year old boy came forward with concerns he had been molested she was eventually charged with that crime as well.
VanMeter eventually pleaded guilty to two counts of child molesting, a count of sexual misconduct and a count of sexual battery in order to have her prison sentence capped at 30 years. Friday, her lawyer asked for considerably less time in order for VanMeter to see her child.
“I would like my daughter to know her mother while she was young,” said VanMeter, who said the girl laughs and smiles whenever she has the chance to talk to her on the phone.VanMeter’s family is sharing custody of the girl with the boy’s family, though Richards said the boy’s family has spent thousands of dollars to secure exclusive custody of her.“
(VanMeter’s) caused trauma to that young man and his family,” argued Richards in her request that VanMeter receive the maximum penalty.Though several people wrote letters to the court, saying they noticed changes in her in the past two years as stress took a hold of a “good” person, nobody testified on her behalf.
Reading from a letter, VanMeter said as she looked back over the last few years, she could see that things weren’t “going well” for her and that she was no longer the “joyful” or “happy” person people knew.
“My intentions were never to hurt anyone,” she said, adding she brought life into the world as a result of her actions and considers her daughter a gift from God.
Allen County Prosecutor Karen Richards argued VanMeter fit the classic pattern of a child molester – male or female.
VanMeter preyed on the boys, going out of her way to cover up her conduct and to buy their silence with gifts, Richards said.
And she asked Gull not to differentiate between a male child molester and VanMeter in sentencing.
“Does it matter if you are a man and you (molest) out of a position of power and control, or if you are a woman and you manipulate a position of trust?” Richards asked.
The victims have been damaged by VanMeter’s actions, particularly the teen who found himself a father and will have to deal with that stigma, Richards said.
Both the boy’s family and VanMeter’s parents have been in a heated custody battle costing the boy’s family thousands of dollars, Richards said.
Though VanMeter had no prior criminal record, Gull said that she was in an "extraordinary position of trust," and her assaults "appeared calculated." She said to VanMeter, "Sort of murder, there's nothing more serious than a Class A felony. You jumped right in." "You were not only in a position of trust;you were in an extraordinary position of trust."
(Update 5-27-09) The family of 3 of Vanmeter's victims have filed a civil lawsuit against AWS under the doctrine of respondat superior. Respondat superior states that the employer is responsible and liable the actions of an employee at all times while the employee is acting within their employment scope.
Filed [May 19] in Allen Superior Court, the unnamed plaintiffs, identified only by their initials "L" and "J" on behalf of their children "A," "D" and "J," sued AWS, formerly known as Anthony Wayne Services, for compensatory and punitive damages.
The suit alleges that Vanmeter became acquainted with the family by being a personal assistant to their oldest son. It was through this that she became sexually involved with them."As a result of the molestation … each of them have suffered pain and suffering, mental distress, mental anguish, humiliation, embarrassment, physical and psychological trauma, counseling expenses and other damages and injuries," according to the lawsuit.
Because Vanmeter got pregnant and decided to carry the victim's daughter to term, raising the grandchild is "directly attributable to the sexual molestation and statutory rape of their minor son."
Friday, February 20, 2009
Chicago man convicted of honeymoon attack on bride in NW Indiana hotel
A Chicago man was convicted of physically assaulting his wife on their honeymoon, but was acquitted of molesting and raping her in a Lake County, IN court yesterday. Jose Cuevas Jr, 35, was convicted of aggravated battery and simple battery in the May 23, 2008 attack at a Days Inn hotel where he was staying with his bride, Marbelin Jeronimo.
The attack occurred after Jeronimo refused to perform a specific sex act on her husband. Cuevas threw the victim around the room, and held her under the water in a hot tub. Jeronimo's face was swollen shut and flesh was bitten off of her arm, according to police.
During closing arguments, defense attorney Bruce Parent said his client ran into the hallway at the Day's Inn on East 83rd Avenue, naked and bleeding from bite marks on his arms and said his wife tried to kill him on May 23.
Parent said the nature of his client's injuries fits with his testimony and is inconsistent with that of the victim, who suffered severe facial injuries, including broken bones, and several bite marks and bruises.
Parent also told jurors that the bride had been the aggressor in the argument and was abusing Cuevas' genitals. Prosecutor Michelle Jatkiewicz stated that Cuevas' testimony that his 127 pound victim could have held him under the hot tub with one hand was inconsistent with the lack of injuries he sustained after the arrest. Cuevas faces 20 years (10 with good behavior) when he is sentenced March 16.
The attack occurred after Jeronimo refused to perform a specific sex act on her husband. Cuevas threw the victim around the room, and held her under the water in a hot tub. Jeronimo's face was swollen shut and flesh was bitten off of her arm, according to police.
During closing arguments, defense attorney Bruce Parent said his client ran into the hallway at the Day's Inn on East 83rd Avenue, naked and bleeding from bite marks on his arms and said his wife tried to kill him on May 23.
Parent said the nature of his client's injuries fits with his testimony and is inconsistent with that of the victim, who suffered severe facial injuries, including broken bones, and several bite marks and bruises.
Parent also told jurors that the bride had been the aggressor in the argument and was abusing Cuevas' genitals. Prosecutor Michelle Jatkiewicz stated that Cuevas' testimony that his 127 pound victim could have held him under the hot tub with one hand was inconsistent with the lack of injuries he sustained after the arrest. Cuevas faces 20 years (10 with good behavior) when he is sentenced March 16.
Friday, January 2, 2009
Husband attempts to murder wife - sentenced to 40 years
(Original Post 3-8-08)
A Ft. Wayne, IN man was arrested Thursday after admitting beating, kicking and burning his wife with cigarettes, leaving her comatose and in critical condition.
Jeffry Reichert, 51, of the 300 block of West DeWald Street, was booked into the Allen County Lockup on preliminary charges of aggravated battery, domestic battery and neglect of a dependent. He was being held in lieu of $20,750 bail.
According to a probable cause affidavit, police were called to Parkview Hospital on March 1 after Reichert’s wife, Barbara was brought to the hospital in a comatose state.
Hospital staff told police that she was suffering from bruises, bleeding and sores in various stages of healing, court documents said.
Police said Barbara Reichert remained unresponsive and on a ventilator in critical condition Thursday when officers interviewed her husband.
During an interview with officers, Reichert allegedly admitted to having battered his wife between Feb. 24 and March 1.
He did, according to police by slamming her head into the ground from 2 feet up, kicking her about 30 times, and not refilling medications she was taking. He also did not seek medical attention.
(Update 7-25-08) Last Friday, July 18, Reichert was sentenced to 40 years in prison for aggravated battery and neglect of a dependant in the near fatal beating of Barbara Reichert, who is living in a nursing home as the result of her husband's injuries. A misdemeanor charge of domestic battery and a habitual offender (Reichert was convicted of lewd and lascivious behavior with a child in California) was dropped when Richard Reichart pleaded guilty last June 19. However Judge Fran Gill, who presided over the case, said that she has seen her share of misery, including the case of Michelle VanMeter, sentenced to 30 years for molesting three teens, and that the beating ranks among the worst.
“I’ve seen my share of misery, … the destruction that occurs when people harm each other,” she told Reichert. “You tortured your wife. … Not one square inch of your wife’s body is not covered with bruises, deep bruises, cuts, abrasions. … It’s astonishing she’s still alive.”
When Reichert said that he was sorry for what happened and that he cried himself to sleep, Judge Gull said that "Candidly, Mr. Reichert, I’m not sure you’re sorry for what you did but are sorry you got caught."
But the nature of Reichert’s crimes and his criminal history provided enough aggravating circumstances, with Gull sentencing him to 20 years on each count and ordering the sentences to be served one after another. She also ordered him to pay $14,125 in restitution.
“The impact of your conduct far exceeds that which is associated with your crimes,” Gull told Reichert.
Reichert, a convicted sex offender, and his wife moved from California to live with Wendy Nattinger, also a convicted sex offender, and her girlfriend – a pair the Reicherts met in an online canasta league.
Nattinger, 38, is also charged with the abuse of Barbara Reichert. She is set to stand trial on charges of aggravated battery and neglect of a dependent this year. The other woman has not been charged and declined to comment after the hearing on what went on inside her home.
The motive - according to Deputy Prosecutor Michael McAlexander - failing to clean their room or the cat litter box. It didn't hurt that Barbara's father left her an inheritance and that she was collecting social security. According to the victim's family, she is breathing through a tracheotomy and it is unknown if she will recover.
(Update 1-2-09) Nattinger was sentenced to 15 years in prison and $19,465 in restitution on December 22, 2008 for the beating and near-killing of Barbara. Judge Fran Gull stated that "the fact that (Reichert) is alive is astonishing...Not one square inch of that woman’s body is not battered, bruised. You say you have a problem with anger. That’s a tremendous understatement.”
A Ft. Wayne, IN man was arrested Thursday after admitting beating, kicking and burning his wife with cigarettes, leaving her comatose and in critical condition.
Jeffry Reichert, 51, of the 300 block of West DeWald Street, was booked into the Allen County Lockup on preliminary charges of aggravated battery, domestic battery and neglect of a dependent. He was being held in lieu of $20,750 bail.
According to a probable cause affidavit, police were called to Parkview Hospital on March 1 after Reichert’s wife, Barbara was brought to the hospital in a comatose state.
Hospital staff told police that she was suffering from bruises, bleeding and sores in various stages of healing, court documents said.
Police said Barbara Reichert remained unresponsive and on a ventilator in critical condition Thursday when officers interviewed her husband.
During an interview with officers, Reichert allegedly admitted to having battered his wife between Feb. 24 and March 1.
He did, according to police by slamming her head into the ground from 2 feet up, kicking her about 30 times, and not refilling medications she was taking. He also did not seek medical attention.
(Update 7-25-08) Last Friday, July 18, Reichert was sentenced to 40 years in prison for aggravated battery and neglect of a dependant in the near fatal beating of Barbara Reichert, who is living in a nursing home as the result of her husband's injuries. A misdemeanor charge of domestic battery and a habitual offender (Reichert was convicted of lewd and lascivious behavior with a child in California) was dropped when Richard Reichart pleaded guilty last June 19. However Judge Fran Gill, who presided over the case, said that she has seen her share of misery, including the case of Michelle VanMeter, sentenced to 30 years for molesting three teens, and that the beating ranks among the worst.
“I’ve seen my share of misery, … the destruction that occurs when people harm each other,” she told Reichert. “You tortured your wife. … Not one square inch of your wife’s body is not covered with bruises, deep bruises, cuts, abrasions. … It’s astonishing she’s still alive.”
When Reichert said that he was sorry for what happened and that he cried himself to sleep, Judge Gull said that "Candidly, Mr. Reichert, I’m not sure you’re sorry for what you did but are sorry you got caught."
But the nature of Reichert’s crimes and his criminal history provided enough aggravating circumstances, with Gull sentencing him to 20 years on each count and ordering the sentences to be served one after another. She also ordered him to pay $14,125 in restitution.
“The impact of your conduct far exceeds that which is associated with your crimes,” Gull told Reichert.
Reichert, a convicted sex offender, and his wife moved from California to live with Wendy Nattinger, also a convicted sex offender, and her girlfriend – a pair the Reicherts met in an online canasta league.
Nattinger, 38, is also charged with the abuse of Barbara Reichert. She is set to stand trial on charges of aggravated battery and neglect of a dependent this year. The other woman has not been charged and declined to comment after the hearing on what went on inside her home.
The motive - according to Deputy Prosecutor Michael McAlexander - failing to clean their room or the cat litter box. It didn't hurt that Barbara's father left her an inheritance and that she was collecting social security. According to the victim's family, she is breathing through a tracheotomy and it is unknown if she will recover.
(Update 1-2-09) Nattinger was sentenced to 15 years in prison and $19,465 in restitution on December 22, 2008 for the beating and near-killing of Barbara. Judge Fran Gull stated that "the fact that (Reichert) is alive is astonishing...Not one square inch of that woman’s body is not battered, bruised. You say you have a problem with anger. That’s a tremendous understatement.”
Nattinger apologized, stating that “If I could apologize to the family, I would. If I could take it all back, I would."
Judge Gull stated that the state's argument that the nature of the crime itself should count against Nattinger for sentencing was valid, ordering her to serve the battery sentence after two child molestation convictions.
Sunday, November 16, 2008
Illegal immigrant convicted of rape of Valparaiso, IN college students - sentenced to 36 years
(Original Post 8-21-08)
Porter Superior Judge Roger Bradford will sentence a 21 year old man for the rape of a Valiparaiso student and attempted rape of another in the fall. Arturo Garcia-Torres, an illegal Mexican immigrant, was found guilty Wednesday after a jury deliberation of about an hour of the Class B Indiana felonies of rape, attempted rape, and 2 counts of burglary. The rape occurred July 18, 2004 and the attempted rape occurred June 12, 2005. Each Class B felony carries a sentence range of 6 to 20 years, which can be halved with good behavior in prison.
Defense attorney Visvaldis Kupsis challenged the accuracy of the investigation by repeatedly questioning Horn as to what shared characteristics there were beyond that both attackers were Hispanic males.Kupsis pointed out there was an age difference between the two descriptions and attempted to distinguish the physical builds of the men as well.
But Horn said both women described the man as thin and one added he had a muscular build. Kupsis told the jury Tuesday the charges against Garcia-Torres are based on a hastily done investigation by a police department under pressure to find the person responsible for the high-profile attacks on the Valparaiso University students.
In addition to differences in the physical descriptions, he said a cell phone that helped lead police to Garcia-Torres was recovered several blocks away from the crime scene and in the opposite direction of where the attacker reportedly fled.
Valparaiso Detective Lt. Tom Horn acknowledged the differences in descriptions, but said enough evidence, including DNA evidence led police to Garcia Torres. Deputy Prosecutor Cheryl Polarek presented the evidence, a mouth swab collected from Garcia-Torres. The defense failed to throw out the evidence, but Horn stated that Torres shook his head instead of giving verbal consent because he speaks Spanish only.
Garcia-Torres’ sentencing will be scheduled to be be held on November 14.
(Update 11-16-08) Garcia Torres was sentenced to 36 years in prison Friday, and deportation after his prison term ends. Judge Roger Bradford said that Garcia-Torres' illegal immigrant stauts was an aggravating factor in the sentence.
Porter Superior Judge Roger Bradford will sentence a 21 year old man for the rape of a Valiparaiso student and attempted rape of another in the fall. Arturo Garcia-Torres, an illegal Mexican immigrant, was found guilty Wednesday after a jury deliberation of about an hour of the Class B Indiana felonies of rape, attempted rape, and 2 counts of burglary. The rape occurred July 18, 2004 and the attempted rape occurred June 12, 2005. Each Class B felony carries a sentence range of 6 to 20 years, which can be halved with good behavior in prison.
Defense attorney Visvaldis Kupsis challenged the accuracy of the investigation by repeatedly questioning Horn as to what shared characteristics there were beyond that both attackers were Hispanic males.Kupsis pointed out there was an age difference between the two descriptions and attempted to distinguish the physical builds of the men as well.
But Horn said both women described the man as thin and one added he had a muscular build. Kupsis told the jury Tuesday the charges against Garcia-Torres are based on a hastily done investigation by a police department under pressure to find the person responsible for the high-profile attacks on the Valparaiso University students.
In addition to differences in the physical descriptions, he said a cell phone that helped lead police to Garcia-Torres was recovered several blocks away from the crime scene and in the opposite direction of where the attacker reportedly fled.
Valparaiso Detective Lt. Tom Horn acknowledged the differences in descriptions, but said enough evidence, including DNA evidence led police to Garcia Torres. Deputy Prosecutor Cheryl Polarek presented the evidence, a mouth swab collected from Garcia-Torres. The defense failed to throw out the evidence, but Horn stated that Torres shook his head instead of giving verbal consent because he speaks Spanish only.
Garcia-Torres’ sentencing will be scheduled to be be held on November 14.
(Update 11-16-08) Garcia Torres was sentenced to 36 years in prison Friday, and deportation after his prison term ends. Judge Roger Bradford said that Garcia-Torres' illegal immigrant stauts was an aggravating factor in the sentence.
Wednesday, October 1, 2008
Indy man who choked daughter's attacker to death won't face charges
A convicted sex offender who broke into the house a family rented from his uncle and was restrained by a 17 year old’s father until he choked to death died from a combination of strangulation and heart trouble, according to the Marion County coroner's office yesterday.
David Meyers, 52, broke into the NW Indianapolis home of Robert McNally, 64 around 3:20 Am Sunday, wearing only latex gloves and a a mask. Meyers also carried rope, condoms, and a knife when he broke into McNally’s 17 year old daughter’s bedroom. The girl screamed, and McNally wrapped his arm around Meyer’s neck until he died.
McNally is unlikely to face charges because he apparently used reasonable force to protect his daughter and himself, said Matthew Symons, spokesman for the Marion County prosecutor.
"We will do a standard review that we do in all such situations," Symons said.
An autopsy determined Meyers' cause of death to be asphyxia by strangulation with contributing cardiovascular disease, said Marchele Hall, the coroner's office manager.
McNally, who rented from Meyer’s uncle, called the incident “a lose-lose situation” and felt sorry for the offender’s family. He even asked to attend Meyer’s funeral. Meyer was convicted of criminal confinement and criminal deviate conduct in 1998. He lived with his mother a few hundred feet away from the McNally’s.
David Meyers, 52, broke into the NW Indianapolis home of Robert McNally, 64 around 3:20 Am Sunday, wearing only latex gloves and a a mask. Meyers also carried rope, condoms, and a knife when he broke into McNally’s 17 year old daughter’s bedroom. The girl screamed, and McNally wrapped his arm around Meyer’s neck until he died.
McNally is unlikely to face charges because he apparently used reasonable force to protect his daughter and himself, said Matthew Symons, spokesman for the Marion County prosecutor.
"We will do a standard review that we do in all such situations," Symons said.
An autopsy determined Meyers' cause of death to be asphyxia by strangulation with contributing cardiovascular disease, said Marchele Hall, the coroner's office manager.
McNally, who rented from Meyer’s uncle, called the incident “a lose-lose situation” and felt sorry for the offender’s family. He even asked to attend Meyer’s funeral. Meyer was convicted of criminal confinement and criminal deviate conduct in 1998. He lived with his mother a few hundred feet away from the McNally’s.
Tuesday, September 30, 2008
Ft. Wayne teacher sentenced to 2 years for sexual relationship with pupil
Wayne High School Assistant Principal Kristopher Sennett was sentenced to 2 years in prison in an Allen County courtroom Friday, September 26. with a 50% reduction for good behavior. He was sentenced for 2 counts of child seduction, a crime specifically covering 16 to 18 year olds in positions of vulnerability.
Though the age of consent in Indiana is 16, a school employee can be charged with child seduction if he or she “engages with the child (at least 16 but under 18 years old) in sexual intercourse, deviate sexual conduct or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult.”
Sennett was sentenced for using the death of his wife Tami's grandmother to pull the girl out of class. He pretended to be going to the funeral, but stayed home, posing as the girl's father to get her into the sexual relationship.
The relationship came to light when the girl's parents found a Valentine's Day card, e-mails and a love letter from the girl to Sennett in which she wrote, according to a Fort Wayne Police report, that “she loved being in bed with him and having his arms around her.”
The girl's parents called police, and Sennett was suspended from his job Feb. 22 and eventually fired. According to the police report, he told Fort Wayne Community Schools officials that “he was in love with (the girl) and admitted to having a relationship with her but did not admit anything sexual.”
His victim — who came to court straight from school dressed in her cheerleading uniform — avoided looking in Sennett's direction during most of the hearing. Her boyfriend escorted her to the courthouse with her family in tow, her grandmother carrying a handkerchief, trying to fight the tears in her eyes.The girl told The News-Sentinel in April she was no longer sure of her feelings for Sennett. “I really have no idea (how I feel),” she said. “It's been forever since I've heard from him.”Neither she nor her family spoke in court, and they declined comment following the sentencing.
At the sentencing, Tami Sennett was pregnant with the couple's 3rd child. "Kris has learned from his mistake and is trying to move on with his life,” she said. “I know I cannot undo my poor choice. I let them down as well as others. I just hope that some day they will find a way to forgive me," the defendant said.
Besides the prison sentence, Sennett forfeited his teaching license.
Though the age of consent in Indiana is 16, a school employee can be charged with child seduction if he or she “engages with the child (at least 16 but under 18 years old) in sexual intercourse, deviate sexual conduct or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult.”
Sennett was sentenced for using the death of his wife Tami's grandmother to pull the girl out of class. He pretended to be going to the funeral, but stayed home, posing as the girl's father to get her into the sexual relationship.
The relationship came to light when the girl's parents found a Valentine's Day card, e-mails and a love letter from the girl to Sennett in which she wrote, according to a Fort Wayne Police report, that “she loved being in bed with him and having his arms around her.”
The girl's parents called police, and Sennett was suspended from his job Feb. 22 and eventually fired. According to the police report, he told Fort Wayne Community Schools officials that “he was in love with (the girl) and admitted to having a relationship with her but did not admit anything sexual.”
His victim — who came to court straight from school dressed in her cheerleading uniform — avoided looking in Sennett's direction during most of the hearing. Her boyfriend escorted her to the courthouse with her family in tow, her grandmother carrying a handkerchief, trying to fight the tears in her eyes.The girl told The News-Sentinel in April she was no longer sure of her feelings for Sennett. “I really have no idea (how I feel),” she said. “It's been forever since I've heard from him.”Neither she nor her family spoke in court, and they declined comment following the sentencing.
At the sentencing, Tami Sennett was pregnant with the couple's 3rd child. "Kris has learned from his mistake and is trying to move on with his life,” she said. “I know I cannot undo my poor choice. I let them down as well as others. I just hope that some day they will find a way to forgive me," the defendant said.
Besides the prison sentence, Sennett forfeited his teaching license.
Saturday, August 2, 2008
Police - Merrillville, IN man rapes, kidnaps, tortures girlfriend during 8 hour ordeal
MERRILLVILLE, Ind. (AP) — A man attacked his girlfriend with a hatchet, struck her with a car when she tried to flee and then raped her during an eight-hour ordeal, police said.
Marlon Dandre Stringfellow, 40, of Merrillville was being held without bond Wednesday night in Lake County Jail on charges of attempted murder, rape, criminal confinement, battery, intimidation and sexual battery.
According to a probable cause affidavit, the woman left the home she shared with Stringfellow Monday night after he became agitated and when she returned, he ordered her out of her car and began hitting her. He then told her to get back into the car and drove to a church, where he ordered her to remove her clothes.
The woman got out of the car and complied, but Stringfellow allegedly took a hatchet from the car and struck her on the arms and legs. He then forced her back into the car and began driving, threatening her life. The woman fled when Stringfellow stopped for a red light near a gas station, but Stringfellow allegedly hit her with the car while she was running, breaking four of her ribs, said Merrillville police Detective George Fields.
After dragging the woman back to the car, Stringfellow drove her home and raped her, Fields said.Fields said the ordeal began about 11:30 p.m. and ended shortly before 8 a.m. Tuesday.After Stringfellow fell asleep, the woman got help and she was taken to a hospital for treatment where she received 50 stitches for her wounds, according to the affidavit.Stringfellow could face up to 50 years in prison if convicted.
Marlon Dandre Stringfellow, 40, of Merrillville was being held without bond Wednesday night in Lake County Jail on charges of attempted murder, rape, criminal confinement, battery, intimidation and sexual battery.
According to a probable cause affidavit, the woman left the home she shared with Stringfellow Monday night after he became agitated and when she returned, he ordered her out of her car and began hitting her. He then told her to get back into the car and drove to a church, where he ordered her to remove her clothes.
The woman got out of the car and complied, but Stringfellow allegedly took a hatchet from the car and struck her on the arms and legs. He then forced her back into the car and began driving, threatening her life. The woman fled when Stringfellow stopped for a red light near a gas station, but Stringfellow allegedly hit her with the car while she was running, breaking four of her ribs, said Merrillville police Detective George Fields.
After dragging the woman back to the car, Stringfellow drove her home and raped her, Fields said.Fields said the ordeal began about 11:30 p.m. and ended shortly before 8 a.m. Tuesday.After Stringfellow fell asleep, the woman got help and she was taken to a hospital for treatment where she received 50 stitches for her wounds, according to the affidavit.Stringfellow could face up to 50 years in prison if convicted.
Thursday, June 12, 2008
Suspended lawyer sentenced to a year in jail, decade of SO registration
(Original Post 3-7-08)
A 56 year old attorney was sentenced to a year in jail and a decade of SO registration pending an appeal for sexually assaulting a 47 year old woman. Former Hebron Town Council President and suspended attorney Michael Haughee will report to the Porter County (IN) jail Monday if the sentencing judge, Judge Mary Harper, does not let him stay out on bond pending his appeal, which could take a year or more.
"I'm absolutely innocent," Haughee said. "I did none of these things."A jury found Haughee guilty in January on felony counts of sexual battery and criminal confinement and a misdemeanor count of interference with the reporting of a crime. If the charges remain after appeal, Haughee will be prohibited from going back to work as an attorney, the judge said.
A disabled Hebron woman said Haughee showed up at her apartment Feb. 18, 2006, and forced a kiss on her, began groping her chest and prevented her from using her telephone to call for help.The woman said Thursday she still fears Haughee and will not rest until he is behind bars. She called for the maximum seven-year sentence.
"He needs time in prison to think what a woman is and that women are not just sex toys," she said.
Deputy Prosecutor Cheryl Polarek opposed the delayed sentence, saying Haughee had earlier involvement with police, including accusations 20 years ago of having inappropriate contact with another woman. Four people testified on Haughee's behalf, including his son, Frank Haughee, who said his father taught him respect for all people. Harper sentenced Haughee to one year in jail, which can be completed in half that time with good behavior. Upon his release, he is to spend a year on formal probation, register for 10 years as a sex offender and undergo HIV testing, sex offender treatment and a mental health evaluation.
Haughbee is prohibited from any further contact with his 47 year old victim.
(Update 6-12-08) Haughee asked that he be transfered from jail to prison because prison has a more extensive law library which he needs to work on appeals he has filed more easily. The motion was denied.
A 56 year old attorney was sentenced to a year in jail and a decade of SO registration pending an appeal for sexually assaulting a 47 year old woman. Former Hebron Town Council President and suspended attorney Michael Haughee will report to the Porter County (IN) jail Monday if the sentencing judge, Judge Mary Harper, does not let him stay out on bond pending his appeal, which could take a year or more.
"I'm absolutely innocent," Haughee said. "I did none of these things."A jury found Haughee guilty in January on felony counts of sexual battery and criminal confinement and a misdemeanor count of interference with the reporting of a crime. If the charges remain after appeal, Haughee will be prohibited from going back to work as an attorney, the judge said.
A disabled Hebron woman said Haughee showed up at her apartment Feb. 18, 2006, and forced a kiss on her, began groping her chest and prevented her from using her telephone to call for help.The woman said Thursday she still fears Haughee and will not rest until he is behind bars. She called for the maximum seven-year sentence.
"He needs time in prison to think what a woman is and that women are not just sex toys," she said.
Deputy Prosecutor Cheryl Polarek opposed the delayed sentence, saying Haughee had earlier involvement with police, including accusations 20 years ago of having inappropriate contact with another woman. Four people testified on Haughee's behalf, including his son, Frank Haughee, who said his father taught him respect for all people. Harper sentenced Haughee to one year in jail, which can be completed in half that time with good behavior. Upon his release, he is to spend a year on formal probation, register for 10 years as a sex offender and undergo HIV testing, sex offender treatment and a mental health evaluation.
Haughbee is prohibited from any further contact with his 47 year old victim.
(Update 6-12-08) Haughee asked that he be transfered from jail to prison because prison has a more extensive law library which he needs to work on appeals he has filed more easily. The motion was denied.
Saturday, June 7, 2008
Vincennes, Indiana man sentenced to 63 years (31.5 for good behavior) for murder of girlfriend
29-year-old Damon Catt, was sentenced to 63 years in prison for the stabbing death of his girlfriend, 21 year old Allison Rinsch in their Vincennes apartment last November. He was foung guilty on Rinsch's murder in May after three hours of jury deliberation. The maximum sentence for 1st degree murder is 65 years, but each criminal has the chance to earn half off their sentence for good behavior.
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