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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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