Home Burglar Gets Maximum Sentence
Bobby Wayne Gibson Jr. 38, of Indianapolis, appeared in Johnson Superior Court 3 last Wednesday for sentencing after pleading guilty to Burglary as a Class B felony which occurred in November 2011. Gibson admitted to breaking and entering a home, and to stealing a laptop computer and other possessions. Gibson was stopped by deputies from the Johnson County Sheriff’s Department shortly after the break-in, and the stolen items were recovered from the passenger seat of his vehicle.
Sentencing in this case was open to argument before Superior Court 3 Judge Lance Hamner. Under Indiana Law, Gibson could have received as little as six years and up to a maximum of twenty years for his crime. Deputy Prosecutor David Abbott argued that Gibson had earned a maximum sentence in this case due to his long history of criminal conduct dating as far back as 1992, and the fact that Gibson was already on probation for another Burglary in Marion County at the time he committed the offense in Johnson County. The victims, who were home at the time of the burglary, also appeared and provided powerful testimony as to the lasting impact this crime has had on their entire family. In sentencing Gibson to the maximum of 20 years, Judge Hamner noted that Gibson’s lengthy history of victimizing others demonstrated that lengthy incarceration seemed to be the only way to protect our citizens.
November 5, 2012
Ex-boyfriend gets 25 year sentence
Franklin, Indiana – Today Jacob Dale Smith, 19 of Edinburgh was sentenced to 25 years in prison for Burglary Resulting in Bodily Injury and a host of other domestic violence charges. On April 15, 2012, Smith broke into the home where his ex-girlfriend was staying and drug her out by her hair. After forcing her into his vehicle and driving around in a reckless manner he stopped at an overpass on I-65 and held the victim at the edge. Smith then let go of the victim’s arm and used his free hand to burn her with a cigarette while telling her, “I love you baby, I’ll see you in hell”.
Prosecutor Brad Cooper argued that Smith’s extensive criminal history and inability to successfully complete previous terms of probation and comply with court orders required that his sentence be fully executed. During the sentencing hearing the victim submitted a letter outlining their tumultuous relationship as well as the events of that date; including her continued fear for her and her family should Smith be released. Judge Loyd, Johnson County Circuit Court, agreed with the state’s recommendations and sentenced Smith to 25 years in prison with no probation.
May 24, May 24, 2012
Franklin, Indiana- Justin Lee Carter was sentenced Thursday to 120 years in prison for the July 16, 2011 murders of a Greenwood couple. In a hearing in Johnson Superior Court 2, Carter admitted he killed 57 year old Steven Konchinsky and 54 year old Julia Konchinsky during the course of a Robbery. On July 18, 2011, Carter robbed a bank in Greenwood and was in the process of leaving town with his family when stopped by the police. After Carter was stopped, officers found much of the evidence from the murders in the car he had been driving, including a shirt with Julia Konchinsky’s blood on it and the gun used both in the murders and the armed robbery.
Carter had entered a plea of guilty to both counts of Murder on March 8, 2012. Sentencing on Thursday was open to argument to Judge Cynthia Emkes. Judge Emkes, under Indiana law, could have sentenced Carter to anywhere from 45 years in prison to 130 years in prison. Prosecutor Brad Cooper argued that Carter’s criminal history together with the actions he took the day of the murders and the days after the murders justified the maximum sentence of 130 years. The Johnson County Prosecutor’s Office is pleased with the decision made by Judge Emkes Thursday to send Justin Carter to prison for 120 years.
Prosecutor Brad Cooper and Deputy Prosecutor Rob Seet would especially like to recognize the outstanding work and dedication of the law enforcement officers involved in achieving justice in this heinous crime. Many agencies came together in a collaborative effort to capture Justin Carter, and the Greenwood Police Department in particular needs to be recognized for their outstanding professionalism that has resulted in Justin Carter likely spending the rest of his life in prison.
April 18 , 2011
Abusive Boyfirend gets 10 years in Prison
Jesse Pacheco was sentenced to 10 years in the Department of Corrections and an additional 4 years on probation for battering his girlfriend's four year old son. Although it appears the child will be fine, the investigating officer at Pacheco's sentencing described the home where he was battered as a “house or terror.” Pacheco, Jessica Arrowood (Pacheco's girlfriend) and four children lived with several other family members in a house where Pacheco would often abuse his girlfriend's “favorite” child, while she would in turn abuse his “favorite” child. The abuse was ongoing for several months before Pacheco finally injured one child so severely that the child was hospitalized in ICU. Case prosecuted by Deputy Prosecutor Doug Cummins.
April 7 , 2011
Drunk Moped Driver Gets Five Years in Prison
On April 7, 2011 Kevin Jennings appeared in the Johnson Circuit Court and was sentenced to five years in prison for felony drunk driving and being a habitual offender. On October 23, 2010, officers responded to an incomplete 911 call and found that the caller had been hit with a beer bottle, and the suspects had just fled the scene on a yellow motor scooter. Police searched the immediate area and quickly discovered a yellow motor scooter operated by Jennings with his wife as a passenger. Both individuals appeared to be intoxicated. After speaking with the passenger, Lou Jennings, police arrested for misdemeanor Battery. When attempting to speak with Jennings about his potential drunk driving his wife yelled out “he's drunk!” to the officers on scene. Jennings admitted to drinking throughout the day and most recently consumed more than a six pack of beer. Jennings was given a series of field sobriety tests, all of which he failed. At the jail Jennings registered a .21 on a breath test. Jennings was charged with felony drunk driving, and being a Habitual Substance Offender. The Habitual Substance Offender enhancement, often called HSO, is not a crime in of itself, but instead a law which allows prosecutors to get enhanced penalties for those individuals who have a history of two or more substance offenses. Jennings was found to be HSO eligible due to his two prior convictions for Possession of Methamphetamine as well as a prior drunk driving. Jennings' driver's license was suspended at the time of his arrest, and although a motor scooter like his does not require a valid license it does still qualify as a vehicle for purposes of our state's drunk driving offenses.
While a valid driver's license is not required to operate the motor scooter, they are still considered a vehicle for purposes of our drunk driving statutes.
March 9, 2011
A Beech Grove man Sentenced to 7 years
Franklin, Indiana- A Beech Grove man who attacked a Greenwood woman in December of 2009 was sentenced to 7 years in Johnson Superior Court No. 2 on March 3, 2011. Richard J. Norton entered a plea of guilty to Criminal Confinement as a Class C Felony for grabbing the woman by the throat and dragging her to a nearby pond. The victim suffered hypothermia at the time, as well as bruising and abrasions. The victim testified at sentencing that she has had continuing medical issues from the incident, including long term nerve and muscle damage to her neck and to the right side of her body.
Norton was arrested for a Class D Felony when the incident occurred, but after further investigation from the Greenwood Police Department the Prosecutor's Office determined Norton should be charged with the more serious Class C Felony due to the victim's injuries. A Class C Felony in Indiana is punishable by 2-8 years, with the typical appropriate sentence being 4 years. Judge Emkes sentenced Norton to 7 years, which is an aggravated sentence for the crime. Emkes reasoned the fact that Norton was on felony probation when the crime was committed, as well as the long term traumatic affect the crime has had on the victim, justified a harsher sentence than typically recommended. Norton was sentenced to 5 years in prison, and the remaining 2 years were suspended to probation with the requirement that Norton stay away from the victim as well as be evaluated for any mental health or substance abuse treatment he may need. Emkes also gave Norton 664 additional days in prison for violating his felony probation sentence.
Deputy Prosecutor Rob Seet, who prosecuted the case, indicated that the victim still suffers physically and emotionally from the crime. She had asked Emkes to send Norton away to prison for as long as possible. Seet spoke with her after Judge Emkes handed down the sentence, and he indicated she was pleased with the outcome.
March 9, 2011
Women Sentenced to 6 Years for Theft Charges
Lori Burton was sentenced Monday in Superior Court 2 for two D felony Theft charges. Burton admitted stealing over $475 worth of merchandise from Kohl's in Greenwood in a January, 2010 incident. Then, while out on bond on that case, she stole $35 worth of merchandise from Wal-Mart in Greenwood in July, 2010. Burton had even been trespassed from Wal-Mart for stealing merchandise during a prior unrelated incident.
Burton pled guilty to 2 counts of Theft as a class D felony and an A misdemeanor count of Trespass. During sentencing, Burton told Judge Emkes that she was addicted to prescription drugs and used illegal drugs. She asked to be placed on home detention to continue substance abuse treatment that she started while she was in the Johnson County Jail. However, Judge Emkes found that the facts of the cases and Burton's lengthy criminal history, including at least 4 prior felonies, were aggravating and justified time in prison. Burton was sentenced to a total of 6 years with over 3 ½ years executed to the Department of Corrections and just over 2 years on Work Release. Judge Emkes noted that she would recommend that Burton receive substance abuse treatment while in prison, and ordered her to continue treatment while on Work Release.
May 13, 2009
Murder Charged Against Man in Suicide Pact
Johnson County Prosecutor Bradley D. Cooper has charged James Adam Betts (DOB: 2/5/85) with one count of Murder for his involvement in an alleged suicide pact with his fiancé, Christina Sanatana (DOB: 9/22/79).
According to the probable cause affidavit, Betts and Santana each wrote a note implying that they would soon be dead. Betts and Santana drove to Betts’ grandfather’s farm and went inside a barn located on the property. The two had sex, dressed and were sitting together when Betts, a former butcher, grabbed his butcher knife and started cutting into Santana’s neck. Betts made several cuts and then attempted to “snap” Santana’s neck in an effort to kill her. Santana died from the wounds. Seeing the pain Santana suffered, Betts decided not to kill himself and told his Grandfather what had happened.
Betts was arrested and held on a preliminary charge of Assisting Suicide, which is a class C felony under Indiana law. After a review of the investigation and Indiana Law, Johnson County Prosecutor Brad Cooper, concluded that murder is the only charge that legally fits this circumstance.
Under Indiana law, the crime of assisting suicide applies when one person provides the physical means by which another person commits suicide. However, when one person actually performs the specific act that kills another person, the only charge available under Indiana Law is Murder, regardless of whether the decedent consented to the suicidal act.
The recommended sentence for Murder under Indiana law is 55 years. The prosecutor’s office will also seek an increase in Betts’ bail that is commensurate with the elevated charge.
March 16, 2009
Johnson County Prosecutor Brad Cooper charges Whiteland woman for sex act with her dog
Johnson County Prosecutor Brad Cooper charged Michelle Owen (DOB: 1/14/85) with Bestiality, a class D felony. The charges allege that Owen rubbed a substance on her vagina, summoned her dog and then allowed her dog to lick the substance off of her vagina. The probable cause affidavit alleges that this act was video taped by Owen. Interestingly, it was Owen who accidentally turned the video over to authorities. Owen suspected that her ex-boyfriend was involved in illegal activities on Owen’s computer. Owen turned her computer over to authorities hoping they could uncover her ex-boyfriend’s illegal actions. When authorities examined the computer, they came across two videos of Owen engaged in sex acts with her dog during 2008. Bail was set in the amount of $3000. If convicted, Owen faces six months to three years in prison.
Johnson County Prosecutor Brad Cooper charges Indianapolis man for fondling a woman in nursing home
Johnson County Prosecutor Brad Cooper charged Charles Lytle (DOB: 5/16/28) with sexual battery, a class D felony. The charges allege that 80 year old Lytle was visiting his elderly wife in a nursing home. When Lytle’s wife left the room, it is alleged that Lytle began fondling the vagina of his wife’s Alzheimer stricken roommate. When a nurse entered the room, she observed Lytle with his hands inside the woman’s diaper. Lytle was charged with a crime because it is alleged that the victim was too disabled or deficient to have consented to the touching. Bail was set in the amount of $3000. If convicted, Lytle faces six months to three years in prison.
Johnson County Prosecutor Brad Cooper charges Franklin nurse for selling patients’ medications
Johnson County Brad Cooper charged Holly Ann Ramey (DOB: 6/9/81) with dealing morphine and dealing oxycotin, as class “A” felonies. The charges allege that Ramey, a nurse, stole prescription medication from her patients and then sold it undercover narcotics agents. The probable cause affidavit alleges that Ramey stole morphine from a patient who was a “sick man” who “wears a colostomy bag and is in a wheel chair”. It further alleges that Ramey stole oxycotin from a man dying of cancer. When arrested, Ramey was wearing her nursing scrubs and was also in possession of a bag of marijuana. Bail was set in the amount of $100,000, which was doubled because Ramey was on probation at the time. If convicted, Ramey faces twenty to fifty years in prison.
Charging Informations and Probable cause affidavits available upon request by contacting Ami Davis at 346-4525. Johnson County Prosecutor Brad Cooper is available for comment at 346-4525.
April 4, 2009
Prosecutor Files Child Molesting, Robbery and Strangulation Charges
Johnson County Prosecutor Bradley D. Cooper announces that his office has filed charges against the following people:
1. Robert A. Kelly Jr. (DOB: 2/24/88) has been charged with Child Molesting, a class “B” felony;
2. Jake Thomas Chaney (DOB: 4/16/91) and Richard Allen Cornell (DOB 1/8/89) have been charged with Attempted Robbery, a class “B” felony;
3. Tristan J. Phillips (DOB: 9/27/90) has been charged with Armed Robbery, a class “B” felony.
4. Keith E. Quick (DOB: 4/29/68) has been charges with Strangulation, a class “D” felony and Battery, a class “A” misdemeanor.
From June 1, 2007 to July 31, 2007, Robert Kelly (21) is alleged to have engaged in sexual conduct with a twelve year old child in a Whiteland home. If convicted, Kelly faces 6 to 20 years in prison.
On January 21, 2009, it is alleged that Jake Chaney and Richard Cornell arranged to sell marijuana to Nathan Brown. When Brown arrived to purchase the marijuana, Chaney struck Brown with a pipe and then started looking for money in Brown’s pockets. When Brown screamed for help, Chaney and Cornell fled the scene. If convicted, Cornell faces 6 to 20 years in prison. Chaney’s case was originally filed in juvenile court due to his age. Deputy Prosecutor Jennifer Pinnick filed for and was successful in getting Chaney waived to adult court. If convicted, Chaney now faces 6 to 20 years in prison.
On January 26, 2009, it is alleged that Tristan Phillips used a semi-automatic gun to rob a Hostess deliveryman of his wallet. The crime occurred at a Village Pantry in Greenwood as the victim made his delivery. If convicted Phillips faces 6 to 20 years in prison.
On February 21, 2009, Keith Quick is alleged to have choked and battered his son during an argument in the basement of Quick’s estranged wife’s home. If convicted of the D felony, Quick faces 6 months to 3 years in prison.
One cocaine dealer chared with an “A” Felony; another sentenced to 20 years
Today, Johnson County Prosecutor Bradley D. Cooper formally charged Tyrus Douglas Johnson (DOB: 10/4/88) of Indianapolis with Dealing Cocaine, a class “A” felony. The charge alleges that Johnson delivered cocaine to an undercover narcotics officer within an apartment complex known as “The Cove”. If convicted, Johnson faces 20 to 50 years in prison. Johnson was booked in and held on $50,000 bail.
Later in the afternoon, Joshua Weaver (DOB: 1/12/87) of Franklin pleaded guilty to A felony dealing cocaine and was sentenced to a total of 20 years in prison. Weaver was convicted of dealing cocaine to an undercover informant working for the Johnson County Sheriff’s Department. At the time of the drug deal, Weaver was on probation for car jacking.