ILNews

COA lengthens defendant's sentence

Back to TopCommentsE-mailPrintBookmark and Share

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.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

ADVERTISEMENT