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Friday, August 25, 2006
Ind. Decisions - "Sentence cut in fatal DUI crash"
Bryan Corbin, Statehouse reporter for the Evansville Courier& Press, reports today on the Court of Appeals decision yesterday in the case of Miley v. State, a NFP decision, one of many now accessible online as a result of the Court's policy change. From today's story:
INDIANAPOLIS - The Indiana Court of Appeals has reduced the sentence of an intoxicated driver whose crash killed Michael "Mickey" Barnett last year, ordering that driver Adam D. Miley should serve 12 years in prison instead of 14.The court found that an observation that a Vanderburgh County judge made at Miley's sentencing was "improper" to cite as a sentencing factor.
Vanderburgh County prosecutors don't know yet if they will appeal Thursday's ruling.
Meanwhile, Barnett's mother, Marilyn Barnett of Newburgh, who helped start a Mothers Against Drunk Driving chapter in Evansville after her son's death, said she struggled Thursday with how to break the news to her family.
The appellate decision also came as a disappointment to Melody Stevens, executive director of MADD of Indiana. "I think it's always hurtful to a victim's family when you hear of a decision like this. It doesn't matter if it's three months (after the fatal crash) or three years or 30 years, it's difficult." * * *
Miley later pleaded guilty as charged, without a plea bargain, to two Class B felonies and three Class D felonies. Having a range of between six and 20 years, Vanderburgh Superior Court Judge Wayne Trockman sentenced Miley to concurrent terms of 14 years in prison.
At the sentencing, Trockman cited as an aggravating factor "that every person in this community ... has the right to be safe on our streets from intoxicated drivers, (and) the community will not tolerate those who drink and drive."
The three-judge appeals court panel singled out that finding, contending it was "improper" for the judge to cite it.
"In our view, it is apparent that Miley's sentence was aggravated - at least in part - in order to send a personal, philosophical or political message to the community. Such a statement is improper to warrant the aggravation of a defendant's sentence," wrote appeals court Judge John Baker in the 16-page decision. * * *
Moreover, the three-judge appellate panel concluded Miley's sentence should have been mitigated (shortened somewhat) because Miley pleaded guilty without a plea bargain, thus sparing the victim's family the ordeal of a trial.
"In our view, Miley's decision to plead guilty, along with his remorse and acceptance of responsibility for his actions, constitute significant mitigating factors that were overlooked by the trial court," the appellate decision said. The appeals court ordered Miley's prison sentence modified to 12 years, not 14. * * *
With the sentence reduction, Miley would become eligible for parole in 2011.
Though prosecutors can request an appeal, the decision whether to file one is up to the Indiana attorney general's office.
Posted by Marcia Oddi on August 25, 2006 10:47 AM
Posted to Ind. App.Ct. Decisions