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Thief who aimed to teach victim ‘lesson’ gets no relief on appeal

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An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.

Hiawathia Hunt was sentenced to 545 days in prison, with approximately half of that as time executed, after he was convicted of theft for stealing the items from the owner of a spa and salon where Hunt leased space and worked. Hunt later returned the surveillance system, but not the car wash tickets for which the spa owner paid more than $400 to sell as a fundraiser for her son’s Little League team.

“According to Hunt, he saw that the door was open on (the victim’s) parked car and took the items in order to teach (her) a ‘lesson,’” Judge Paul Mathias wrote in the unanimous seven-page Court of Appeals decision, Hiawathia Hunt v. State of Indiana, 49A04-1207-CR-371.

The court ruled that a judge’s offer to trim time off Hunt’s sentence in exchange for restitution did not constitute a conditional sentence deemed impermissible in Saddler v. State, 953 N.E.2d 1220 (Ind. Ct. App. 2011).

After a bench trial in Marion Superior Court, Judge Reuben Hill chastised Hunt and disregarded his apology and expression of remorse to the victim. Hill said Hunt had acted with malice because he had not returned the tickets or paid for them.

At sentencing, Hill told Hunt that the victim “needs her $400 back. You pay that $400 and I will reconsider how much time you have to serve in prison.”

“In the present case, Hunt claims that his sentence was also conditional. We disagree and find the present case distinguishable from Saddler,” Mathias wrote. “In that case, the trial court gave the defendant repeated opportunities to pay restitution and explicitly stated that if she did not pay restitution, then she was going to serve time in jail.

“The trial court simply explained to Hunt that modification of his sentence was possible if he paid restitution to the victim; it did not make Hunt’s sentence conditional on the payment of restitution. Because Hunt’s sentence was not conditional, and because Hunt alleges no further error in his sentence, we affirm.”



 

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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