Court: evidence doesn't support sentence

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court threw out a life-without-parole sentence for felony murder because there wasn't proof the killing was "intentional," as state law requires for that penalty.

In Hobert Alan Pittman v. State of Indiana, No. 31S00-0610-CR-355, Hobert Alan Pittman appealed his convictions and sentence of two consecutive life sentences for murdering his father and stepgrandmother, as well as a 73-year sentence for convictions of attempted murder, theft, auto theft, and conspiracy to commit burglary.

Pittman's stepmother, Linda, and stepgrandmother, Myrtle, were returning home and saw Pittman and John Michael Naylor come out of the garage and start shooting at the van his stepmother and stepgrandmother were in. He then got into Linda's Ford Explorer, drove past the van, stopped, and fired more shots into the van. Myrtle died from gunshot wounds and Linda was injured. Later, police found Pittman's father under a tarp in the garage dead from a gunshot wound to the head.

Pittman was charged with two counts of felony murder because his father and stepgrandmother were killed in the course of a burglary. The jury recommended two sentences of life imprisonment without parole, and the trial court also sentenced him to 73 years on the other related convictions.

But the state couldn't support the life-without-parole sentence for the felony murder of Pittman's father, the justices determined. Because Indiana Code Section 35-50-2-9(b)(1) permits a sentence of life without parole only if the defendant has committed a murder by "intentionally" killing someone while committing another crime, the state has to prove the defendant was a major participant and the killing was intentional in order to impose a sentence of life without parole under Subsection (b)(1), Justice Theodore Boehm wrote.

Attempting to support that sentence, the state listed three aggravating factors listed in Indiana Code 35-50-2-(b): that he committed the murders by intentionally killing while committing or attempting to commit burglary; committed the murders lying in wait; and committed the murders while on probation after receiving a sentence for a commission of a felony.

There isn't any evidence Pittman killed his father, Justice Boehm wrote. Both Pittman and Naylor were on the scene, but there is no evidence as to who shot the man. While felony murder can be charged against someone who didn't intentionally or recklessly kill the victim, or may not have even been the killer at all, Pittman can't receive life without parole because that sentence requires proof he intentionally killed his father. As such, the high court set aside Pittman's life-without-parole sentence for felony murder of his father and revised his sentence for the felony murder to a 65-year term to be served consecutively with his other sentences.

The court also ruled on various other aspects of Pittman's appeal, such as the adequacy of the trial court's sentencing order, a motion for mistrial based on trial testimony, and admission of photographic evidence.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...