Donald Humphrey was sentenced Wednesday in the Starke Circuit Court for Harassment as a Class D misdemeanor, Intimidation as a Class D felony, and two charges of Intimidation as a Class C felony.
During the sentencing hearing, the victim, David Palm, gave a brief statement to the court requesting the maximum sentence for Humphrey, saying he’ll “never change.” He also requested three days of pay that he had lost to come to court, for a total of $250.
Deputy Prosecutor Mary Ryan informed the court that Humphrey has been a regular violator of parole and probation as far back as 1987, and he was even on parole when he committed these offenses, along with a separate charge of Public Intoxication that he committed while on house arrest. She requested the maximum sentence of ten years for the crimes, and supported Palm’s request for restitution.
Defense Attorney Martin Bedrock, on the other hand, requested the minimum sentence in light of the fact that the crime was not one of violence because no physical contact occurred, and said that the only aggravating factor he thinks exists in the case is Humphrey’s criminal history. However, because of the fact that the crime is unlikely to reoccur, a full year passed between when the crime was committed and charges were filed, and no damages were suffered, he should receive a lighter sentence.
Bedrock also said that the crime stemmed from jealousy, as Humphrey was involved with the ex-wife of Palm, and said he believes that a total sentence of two years is appropriate.
Ryan reminded the court that Humphrey had directly disobeyed Judge Hall’s order for house arrest by getting drunk, and said that his extensive history, and the fact that he has previously been given the benefits of parole and probation, should push for a harsher sentence.
Judge Hall weighed the aggravating and mitigating factors, and found the aggravating factors far outweigh the mitigating factors. Judge Hall said he is stamped as a habitual offender, and while it was a crime of jealousy, both the victim and Humphrey could have done things differently.
As a result, Judge Hall sentenced Humphrey to six years on each of the C felony counts, two years for the D felony, and six months on the D misdemeanor. These sentences will run concurrently, giving him a total of six years in the Department of Corrections.
The $250 restitution is also required to be paid to Palm, and he must complete all programs recommended to him, in addition to Batterer’s Intervention and substance abuse programs. However, once these programs have been completed successfully, he may petition the court to modify his sentence; the state may still object. He was credited with 73 days served.