According to the detective, the driver led law enforcement on a high-speed pursuit through Dubois County at speeds varying from 70 mph to 95 mph; the driver almost collided with other vehicles multiple times, running some of them off the road.

As the assigned deputy prosecutor, I filed charges against the defendant that included Resisting Law Enforcement as a Level 6 felony. I also filed the “habitual offender” enhancement due to his prior convictions for Reckless Homicide, Burglary, and Possession of Cocaine. (In this case, the enhancement carried an additional penalty of between 2 and 6 years.)

In Indiana, the purpose of the habitual offender enhancement is to punish people more severely when prior penalties have not prevented them from committing more felonies. The habitual offender enhancement cannot be served on probation or in community corrections (for example, on home detention).

At the initial court hearing, Judge Verkamp released the defendant from custody without any requirement of posting a bond. The defendant later pled guilty to Resisting Law Enforcement and admitted to being a Habitual Offender. The plea agreement left the sentence up to Judge Verkamp, provided it was no more than 5 years.

October 2021 – Judge Verkamp sentenced the defendant to 2 years on the Resisting charge, enhanced by 2 years for the habitual. However, Judge Nathan Verkamp allowed the defendant to serve the entire sentence on home detention. Indiana law did not give Judge Verkamp that option.

November 2021 – I filed a “Motion to Correct Erroneous Sentence” for Judge Verkamp’s decision to allow the defendant to serve the habitual portion of his sentence on home detention, rather than send him to jail or prison. To be clear, this is not something a prosecutor files because he didn’t “get what he wanted.” This is something a prosecutor files when he believes that the law was not followed.

February 2022 – Judge Verkamp conceded that his sentence was erroneous. However, Judge Verkamp allowed the defendant to remain on home detention until June 2022.

June 2022 – Judge Verkamp sent the defendant to jail. But by that time, with the good time credit he received, the defendant had already served the majority of the habitual portion of his sentence on home detention.

(Note: when Judge Verkamp sent the defendant to jail on the habitual enhancement, he also revised his sentence on the Resisting charge: 2 years of home detention turned into 1 year of probation.)

As noted above, the defendant’s prior convictions included Reckless Homicide, Burglary, and Possession of Cocaine.

If I am elected judge, I will follow the law, full stop. And I will hold career criminals accountable within the confines of that law.