Court: evidence doesn't support sentence

Jennifer Nelson
January 1, 2008
Back to TopCommentsE-mailPrintBookmark and Share
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.

Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.