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Tome v. State

Court of Appeals of Indiana

March 12, 2014

RICHARD W. TOME, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE PARKE CIRCUIT COURT. The Honorable Sam A. Swaim, Judge. Cause No. 61C01-1004-FB-00066.

ATTORNEY FOR APPELLANT: MARK SMALL, Indianapolis, Indiana.

MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.

OPINION

MEMORANDUM DECISION -- NOT FOR PUBLICATION

MATHIAS, Judge

Richard Tome (" Tome" ) entered into an open plea of " guilty but mentally ill" in Parke Circuit Court on four counts of Class B felony criminal confinement. The trial court sentenced Tome to fourteen years executed in the Department of Correction. Tome appeals and argues that the trial court abused its discretion in sentencing him. We affirm.

Facts and Procedural History

On April 6, 2011, while Tome was on leave from the Camp Atterbury Job Corp Center, he invited four juveniles ranging in age from eleven to thirteen into an abandoned barn in Marshall, Indiana. Once the juveniles were inside the barn, Tome held a steak knife to the throat of one of the juveniles; held a pitchfork to the throat of another; burned the third juvenile with a cigarette; placed his hands around the third victim's neck and threatened to strangle him; and began to choke the fourth victim. Tome threatened to kill all four juveniles if they reported the attacks. Tome also asked the victims if they were scared and if they were " ready to die." Appellant's App. p. 21.

A witness called 911 to report the attacks and told the emergency dispatcher that Tome had fled the property. Shortly thereafter, the Parke County sheriff and his chief deputy located Tome in the backyard of a nearby residence. Tome had in his possession what appeared to be a gun. At the deputy's urging, Tome placed the gun on the ground. The deputy determined that the gun was a BB gun.

The sheriff's deputy subsequently located three of the juvenile victims still inside the abandoned barn where the attacks had occurred. The deputy also found the pitchfork and steak knife with which Tome threatened the victims. The fourth victim had fled the barn and was later located at his home.

On April 7, 2010, the State charged Tome with four counts of Class B felony criminal confinement and four counts of Class C felony battery by means of a deadly weapon. The trial court held an initial hearing on April 9, 2010, during which Tome was determined indigent, was appointed counsel, and entered into an initial plea of not guilty.

On September 27, 2010, Tome filed a motion for psychiatric examination to determine competency and sanity. ...


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