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Court affirms man’s sentence for murdering wife

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A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.

Larry Michael Caraway shot his wife Denise seven times in the stomach, head and arm after arguing over an unpaid utility bill. The day he shot his wife, Caraway drank very heavily, consuming more than 20 beers, and he also took four Valium pills. He was charged with murder and Class D felony altering the scene of death for trying to make it look like Denise Caraway shot herself. He agreed to plead guilty in 2010, and the trial court sentenced him to the maximum 65 years. Lawrence Circuit Judge Andrea K. McCord found Caraway’s intoxicated state and that he was in a position of trust outweighed the mitigators.

Caraway appealed and the Court of Appeals ordered the trial court to consider Caraway’s guilty plea as a mitigating factor. On remand, McCord resentenced Caraway to 65 years, finding he received some benefit from the plea, delayed entering his guilty plea, and that his decision to plead guilty was “merely a pragmatic one.” She again found Caraway’s state at the time of the shooting and his position of trust outweigh that he pleaded guilty and other mitigators.

On Wednesday, the appellate judges affirmed the sentence in Larry Michael Caraway v. State of Indiana, 47A04-1205-CR-265, finding Caraway’s character and the nature of the offense don’t justify reducing the sentence. He’s had a long history of drinking and offenses dating back to 1980 but apparently never sought treatment. The judges also agreed with McCord’s reasoning as to the amount of weight she gave Caraway’s guilty plea.

 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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