James B. Weathers v. State of Indiana (mem. dec.)

CourtIndiana Court of Appeals
DecidedAugust 29, 2017
Docket63A01-1703-CR-683
StatusPublished

This text of James B. Weathers v. State of Indiana (mem. dec.) (James B. Weathers v. State of Indiana (mem. dec.)) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James B. Weathers v. State of Indiana (mem. dec.), (Ind. Ct. App. 2017).

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 29 2017, 9:16 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Jacob P. Wahl Curtis T. Hill, Jr. Steven E. Ripstra Attorney General of Indiana Ripstra Law Office Monika Prekopa Talbot Jasper, Indiana Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

James B. Weathers, August 29, 2017 Appellant-Defendant, Court of Appeals Case No. 63A01-1703-CR-683 v. Appeal from the Pike Circuit Court The Honorable Jeffrey L. State of Indiana, Biesterveld, Judge Appellee-Plaintiff. Trial Court Cause No. 63C01-1611-F4-712

Vaidik, Chief Judge.

Case Summary

Court of Appeals of Indiana | Memorandum Decision 63A01-1703-CR-683 | August 29, 2017 Page 1 of 6 [1] James B. Weathers snuck a razor blade into jail during the booking process

because he wanted to harm himself. Later that same day, he attempted suicide

in his holding cell. The State charged him with Level 4 felony possession of a

deadly weapon while incarcerated. Following a plea agreement, the trial court

sentenced him to the maximum term of twelve years. Weathers contends that

his sentence is inappropriate because he did not intend to harm a fellow

prisoner or prison staff. Because Weathers’s goal was to harm himself, we find

that the maximum sentence is inappropriate. We therefore remand this case to

the trial court for the imposition of a sentence of ten years.

Facts and Procedural History [2] On October 28, 2016, Weathers was served with an arrest warrant for criminal-

confinement and domestic-battery charges concerning his wife. See Appellant’s

App. Vol. II p. 48; Tr. Vol. II p. 15. He was serving a community-corrections

sentence at the time. See Appellant’s App. Vol. II p. 46; Tr. Vol. II p. 50.

Suspecting that charges concerning his wife were forthcoming, Weathers had

taped a razor blade to himself using two bandages so that he could commit

suicide in jail. Tr. Vol. II pp. 15-16, 43. Weathers was booked into the Pike

County Jail, and the razor blade apparently went undetected.

[3] That same day, Indiana State Trooper James Manning was in the dispatch area

of the Pike County Jail when Weathers’s cell mate alerted dispatch that there

was an issue. Trooper Manning and other officers responded to the holding

cell, where they saw blood “everywhere.” Id. at 38. Weathers was leaning

Court of Appeals of Indiana | Memorandum Decision 63A01-1703-CR-683 | August 29, 2017 Page 2 of 6 against the wall, with most of his body on the ground. Weathers was slipping

in and out of consciousness and was in “fairly bad shape.” Id. at 44. Trooper

Manning removed a tourniquet from his belt and applied it to Weathers’s left

arm.1 An ambulance was called.

[4] Thereafter, the State charged Weathers with Level 4 felony possession of a

deadly weapon while incarcerated. In February 2017, Weathers and the State

entered into a plea agreement. According to the plea agreement, Weathers

agreed to plead guilty as charged, and the State agreed to dismiss “all pending

matters” against him—which included the charges involving his wife as well as

a charge in a second cause number—and to modify the sentence in a third cause

number to “time served.” Appellant’s App. Vol. II p. 36. Sentencing was left

to the discretion of the judge after hearing argument from counsel.

[5] At the March 2017 sentencing hearing, evidence was presented that Weathers

had attempted suicide on a second occasion in December 2016 while in DOC

custody. Id. at 50; Tr. Vol. II pp. 17, 27. Indeed, at the time of the sentencing

hearing, Weathers was housed in the psychiatric unit at New Castle

Correctional Facility, a DOC facility, because of his suicide attempts.

Appellant’s App. Vol. II p. 43. Weathers testified that he was currently taking

Zyprexa and Prozac and was a “totally different person” than he was when he

tried to kill himself. Tr. Vol. II p. 18. The trial court identified the following

1 Trooper Manning did not have any gloves on him at the time and did not put any on. As a result of his exposure to Weathers’s blood, Trooper Manning underwent a battery of tests, which came back negative.

Court of Appeals of Indiana | Memorandum Decision 63A01-1703-CR-683 | August 29, 2017 Page 3 of 6 aggravators: (1) Weathers’s criminal history (nine felonies and two

misdemeanors) (2) the IRAS assessment showed that he was at a high risk to

reoffend; (3) prior lenient treatment had failed; (4) taping the razor blade to his

body required planning; (5) Weathers’s suicide attempt at the jail affected

people other than himself; and (6) he violated his community-corrections

placement. The court identified one mitigator: Weathers pled guilty. The trial

court sentenced him to the maximum term of twelve years.

[6] Weathers now appeals his sentence.

Discussion and Decision [7] Weathers contends that his twelve-year sentence is inappropriate and asks us to

modify it to “less than the maximum.” Appellant’s Br. p. 11. Indiana

Appellate Rule 7(B) provides that an appellate court “may revise a sentence

authorized by statute if, after due consideration of the trial court’s decision, the

Court finds that the sentence is inappropriate in light of the nature of the offense

and the character of the offender.” Because we generally defer to the judgment

of trial courts in sentencing matters, defendants have the burden of persuading

us that their sentences are inappropriate. Schaaf v. State, 54 N.E.3d 1041, 1044-

45 (Ind. Ct. App. 2016). “Whether a sentence is inappropriate ultimately turns

on the culpability of the defendant, the severity of the crime, the damage done

to others, and a myriad of other factors that come to light in a given case.”

Thompson v. State, 5 N.E.3d 383, 391 (Ind. Ct. App. 2014) (citing Cardwell v.

State, 895 N.E.2d 1219, 1224 (Ind. 2008)).

Court of Appeals of Indiana | Memorandum Decision 63A01-1703-CR-683 | August 29, 2017 Page 4 of 6 [8] Weathers does not claim that there are redeeming aspects to his character that

warrant a reduction in his sentence. Rather, his argument focuses on the nature

of the offense:

While the threat of harm to law enforcement was present, harm to law enforcement occurs every time a prisoner possesses a weapon, and such harm is greater in degree when the prisoner attacks other inmates or prison staff. While Weathers did place corrections officers at risk, his action[s] are arguably less harmful than the risk involved in a typical prisoner in possession of a deadly weapon case . . . .

Appellant’s Br. pp. 10-11. We agree. The evidence in this case is that Weathers

intended to use the razor blade only on himself. See Tr. Vol. II p. 45 (Trooper

Manning testifying that they did not find any evidence that Weathers “tried to

harm anybody but himself”). Indeed, Weathers used the razor blade on himself

the very day that he was booked into jail. In other words, he did not store the

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Related

Cardwell v. State
895 N.E.2d 1219 (Indiana Supreme Court, 2008)
Wendy Thompson v. State of Indiana
5 N.E.3d 383 (Indiana Court of Appeals, 2014)
Schaaf v. State
54 N.E.3d 1041 (Indiana Court of Appeals, 2016)

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