Man's murder sentence upheld in abduction slaying

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A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.

In Delmas Sexton II v. State of Indiana, No. 02A03-1110-CR-465, Sexton argued that the trial court abused its discretion in sentencing him when it found as an aggravating circumstance the fact that as a multiple-conviction felon, he was unlawfully possessing the gun he used to kill his victim.

The court also rejected Sexton’s claim that the Allen Superior Court sentence was improper because its consideration of his criminal past resulted in double jeopardy.

In March 2009, Sexton went to the home of Donald McKee, ordered him at gunpoint to write checks, then bound him with duct tape, covered his head and forced him into a truck. According to court documents, Sexton shot McKee in the head three times and left him in the truck, where McKee was found more than a week later.

Sexton was charged with murder; felony murder; Class A felony robbery; criminal confinement and unlawful possession of a firearm by a serious violent felon, both Class B felonies, and two counts of Class C felony forgery. The state also alleged that Sexton was a habitual offender.

According to court records, Sexton punched his attorney in the face in open court as a trial was set to begin in 2009, resulting in the trial’s cancellation.  As another jury trial was about to begin, Sexton pleaded guilty to felony murder and the state dropped the remaining charges.

“Sexton says the trial court’s finding of multiple aggravators relating to his criminal past (like his criminal convictions, his drug use, the escalating nature of his crimes of violence, that he is at high risk of reoffending) is akin to being punished multiple times for the same offense. We disagree,” Senior Judge Randall Shepard wrote in an opinion joined by Judge Edward Najam Jr.

“A trial court may consider multiple factors relating to a defendant’s criminal past at the sentencing stage. The trial court here convicted Sexton of felony murder. For that crime, the trial court imposed one sentence. There is no double jeopardy violation,” Shepard wrote.

Judge L. Mark Bailey in a brief concurring opinion wrote that he relied on Farmer v. State, No. 772 N.E.2d 1025 (Ind. Ct. App. 2002), as the proper application of Hammons v. State, 493 N.E.2d 1250 (Ind. 1986), cited as precedent in affirming Sexton’s conviction.



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  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?)

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  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.