Court affirms guilty but mentally ill sentence in DUI, resisting case

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A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.

In Dale Douglas Perkins Jr. v. State of Indiana, No. 16A01-1112-CR-603, judges unanimously ruled that the Decatur Superior Court did not abuse its discretion by imposing consecutive three-year sentences after Perkins pleaded guilty but mentally ill to charges of operating a motor vehicle while intoxicated as a Class D felony and resisting law enforcement as a Class D felony. When he was arrested, Perkins’ blood alcohol level was more than three times the legal limit.

The state dropped charges of criminal confinement and being a habitual substance offender in the plea agreement.

Perkins argued that the trial court abused its discretion by ordering consecutive sentences because his “crimes are intertwined,” according to court pleadings.

The panel also dismissed Perkins’ argument that the sentence was inappropriate due to his mental health. A court-ordered psychiatric evaluation determined that Perkins, 38 at the time of his conviction, was psychotic. He had been diagnosed as schizophrenic in his youth.

Judges ruled that Perkins had been able to control his behavior during incarceration and that his long criminal record in Indiana and Florida, including repeat DUI convictions and crimes including burglary, theft and attempted robbery, didn’t make the sentence inappropriate.

“Perkins keeps committing the same offenses, demonstrating that he has not learned that when he drinks alcohol he will commit unlawful acts,” Senior Judge William Garrard wrote for the panel.   

“We conclude that the nexus between his mental illness and the instant offenses is not so strong as to require a different result,” Garrard wrote. “Perkins’ mental illness does not render his sentence inappropriate, particularly in light of the manner in which Perkins committed these offenses.”



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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 ...