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COA lengthens defendant's sentence

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The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.

In Jeffrey E. Akard v. State of Indiana, No. 79A02-0904-CR-345, Jeffrey Akard claimed the sentence was inappropriate for his convictions of three counts of rape, two as Class A felonies and one as a Class B felony; three counts of criminal deviate conduct, two as Class A felonies and one as a Class B felony; two counts of criminal confinement, as Class B felonies; and two counts of battery, as Class C felonies. He wanted his aggregate 93-year sentence to be revised so that all his sentences run concurrently, reducing it to a 40-year sentence.

But the appellate court decided to lengthen his sentence because his is a "most unusual case," citing Indiana Supreme Court Justice Theodore Boehm's concurring opinion in McCullough v. State, 900 N.E.2d 745, 750 (Ind. 2009).

Akard convinced his victim, A.A., a young homeless woman, to walk him home because he was too drunk to do so himself. Once there, he locked her inside and repeatedly beat and raped her for nearly a day before she was let go.

"Along with children, the homeless are individuals who are susceptible to being abused as they live on the fringes of society, barely able to acquire the necessities of life. This is not what makes this case most unusual," wrote Judge L. Mark Bailey. "Rather, it is Akard's demented purpose in attempting to satisfy his prurient interests in child bondage-style rape by performing similar acts on a homeless woman who possessed physical characteristics akin to those of a child."

The judges noted the mentality of someone who rapes an adult is disturbing, but when the acts are premeditated and carried out to satisfy even more of a diabolical interest, it becomes even more heinous.

The trial court had sentenced Akard below the statutory minimum on several convictions. The Court of Appeals found he should have been sentenced to an aggregate of 94 years. But, because of the circumstances of the case, the judges ordered his Class B felony rape and Class B felony criminal deviate conduct convictions to be served consecutively to the other counts, revising Akard's aggregate sentence to 118 years.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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