ILNews

Court upholds sentence following threat to school

Back to TopCommentsE-mailPrintBookmark and Share

A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.

Gabriel Sharkey told the officer who arrested his daughter that he would come to school with his guns, that he has a 12 gauge and that “I’ll come down and I’ll let everybody have it.” The high school was put on lock down as a result of his threat. Sharkey was charged with Class D felony intimidation and Class A misdemeanor contributing to the delinquency of a minor but pleaded just to the intimidation charge.

The plea agreement capped his maximum sentence at 18 months and allowed him to argue his conviction should be entered as a Class A misdemeanor. The trial judge declined to enter the conviction as a misdemeanor, however, after reading a letter from the arresting officer about Sharkey’s threat. His comments to the officer came near the time last year that several police officers were shot in the United States. The trial judge also noted that Sharkey initially denied he made the threat and later denied it was a specific threat to the arresting officer.

Sharkey argued on appeal that the trial court’s consideration of only one aggravator – that the harm caused was greater than that necessary to prove the commission of the offense – was offered without any evidence. In Gabriel J. Sharkey v. State of Indiana, No. 84A04-1110-CR-550, the appellate court concluded it was a proper aggravator.

“In finding this aggravator, the trial court relied on the letter of the arresting officer which described the effects Sharkey’s threats had on himself and on the school community. The letter detailed the enormous safety concerns triggered by Sharkey’s vivid threat of blazing guns onto the school community at large. This was a concern that not only affected the victim of the intimidation but spilled over to eighteen hundred high school students and hundreds of faculty members,” wrote Judge Patricia Riley.

The COA also found the trial court didn’t abuse its discretion in not finding any mitigators and that his character and nature of the crime support the 18-month suspended sentence.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My name is joan, I live in United kingdom..I am here to say a big thank you to Dr odun for helping me and making me smile again, after reading a lot of testimonies about Dr odun i wrote him and told him to help me restore my marriage as my home have been scattered for 3yrs now, He replied my email and told me to send my pic and my husband pic and some other things, which i did and he said he will be done in 48hrs, with hope i slept and on the 3rd day Nathaniel called me and asked if i could pack my things to his place and forgive him, i was shocked and this is how dr odun helped me in restoring my. home Contact him: drodunhealinghome@aol.com or his website on drodunhealinghome.webs.com

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT