July 23, 2014 at 2:10 p.m.
Local man upset about arson case (11/25/05)
Letter to the editor
To the editor:
On New Year's Eve my home was burglarized and set on fire. My family and I were on vacation over 1,000 miles away at the time that this happened. We received a phone call around 3 a.m. from my daughter telling us what was happening and also found out over the phone that our home was a total loss.
My problems with this fire began from the time the sheriff arrived at our home and have escalated from there. I am the manager of Oakwood Mobile Home Park here in Portland. Seeing as how this fire occurred on New Year's there were still quite a few tenants awake and out on this night. One tenant stepped outside of his home and saw smoke so he started running towards our home yelling for someone to call 911. He got the attention of some of our relatives who then took off with him towards the house. Several neighbors had called 911. This tenant and the others that had joined him saw two suspects running towards the field and they looked to be carrying items with them. Also a tenant across the street from our home noticed shortly before the fire that the lights had been turned on in the home and she saw movement but assumed that we had returned from vacation earlier than planned.
The problem that I have with this is that police at the scene of the fire did not take the first statement about the suspects or ask for their descriptions. They was more concerned with asking neighbors and family members if there were any drugs in our home. After the fire was extinguished police searched through our home including our dresser drawers and personal items as if we were the criminals. The police must of been very disappointed when they didn't find any drugs in our home seeing as how they were so certain that our house was burnt down due to a “drug deal gone bad.” This statement about a “drug deal gone bad” was made right in front of a family member and several neighbors.
Why they would think this is beyond me seeing as how I have no criminal history whatsoever. When they were done going through our home they turned some items that were partially salvageable over to the owner of the mobile home park along with some to a family member. The problem that I have with this is that our sheriff turned over firearms to someone who he knew had a convicted felon living in their home. We all know that once convicted of a felony you are not to be around firearms.
On to the investigation — if that's what you want to call it. I gave police the names of a few people that they should question. One man that was questioned came up to talk to me the day after he talked to police and told me that instead of asking him about the suspects that he saw running down the road that he was questioning him about me. If this person knew if I was a drug dealer, if he suspected there to be drugs in the house, and so on. When this man asked the investigator if he wanted him to fill out a statement with a description of the suspects and the events of the night, the investigator told him that it wasn't necessary. Another man was taken in for questioning. The investigator went to talk to my wife after questioning this man and told her that he asked the man about there being a pound of marijuana in our bedroom. My wife was dumbfounded. She left work early very upset not knowing why absurd questions were being brought up about drugs and why they weren't looking for the people that burglarized and burnt us out of our home. Weeks after all of this took place the sheriff’s department finally had a few suspects. Two people were arrested for burglary and arson. Our fire was determined arson. There was a signed confession from one of the individuals admitting to burning our home down, who also named an accomplice. But you see, neither one of these individuals were charged with burglary or arson. So where is justice? It's not here in Jay County's judicial system.
We received no paperwork on the male subject from the prosecutor's office. No information pertaining to court dates, plea bargains, etc.. All of the paperwork we do have we have had to go get which hasn't been all that easy. We have either had to pay for it or have been told that we will have to get a lawyer and have it subpoenaed. We had to read what happened in the newspaper. What a wonderful way to find out that someone can break into your home and steal your personal belongings, violate your privacy, and burn you out of your home and walk away free of any charges relating to the criminal acts involving our home.
This male took a plea bargain. He pleaded guilty to burglary on another person’s home and did get a small amount of prison time. He was ordered to pay restitution on all counts — even the ones that got dismissed. Except for ours. We received nothing. Our insurance company received nothing. So now because of this we are having a difficult time finding anyone who will insure our home. The companies that will insure it want at least $1,500 to $2,000 up front.
As for the female subject all charges were also dismissed. We did receive some paperwork from the victim’s advocate on her case about court dates but it didn't do us any good. We still never got to speak to the prosecutor. My wife and I did appear at her court dates and were not allowed to speak. The exact same thing happened here. She also got a small amount of time on some charges on other crimes she had committed throughout our community. Everything pertaining to us — dismissed.
I have done my research on law. No, I am not a lawyer, but you can go on the Internet and very easily find the Indiana Code of Law. After reading some of these laws I started wondering why they didn't pertain to our case and how many other citizens of Jay County they haven't applied these to. Know your victim rights. In layman’s terms (IC 35-35-3-2) a prosecuting attorney must inform the victim of the discussion of a plea bargain, inform the victim before it is filed and must notify the victim that they are entitled to be present and address the court. This didn't apply to us.
IC 35-40-5-3 states that a victim has the right to confer with a representative of the prosecuting attorney’s office after a crime has been charged. To this day we have not spoken to or heard from the prosecutor. IC 35-40-5-7: The victim has the right to pursue an order of restitution. Of course that didn't include us either. These are just a few codes from a long list.
I am asking you as the citizens of Jay County to think about this. This very well could have happened to you, your children, your parents, your grandparents, etc.. This will affect my family for a long time to come-especially an innocent 9-year-old girl. It is hard enough these days to raise your children to do right and to have morals and respect for others. When crimes like this go unpunished what is it teaching our youth? It is teaching them that it is okay to commit crimes and that you can get away with them. You know as well as I do that had it been our judge or our so called prosecutor’s home this happened to the crimes wouldn't have been dismissed. Someone would have done some time. I am tired of watching our supposed justice system violate people’s civil rights. It is an injustice to everyone. It seems that some of our county officials need to be reminded that they are not the law. They are in office to uphold the law. The same laws that apply to us also apply to our city, county, and state officials. I can't explain to my 9-year-old why these people went unpunished. I don't have an answer. So I am asking you, Mr. Hutchison, or you, Mr. Burkett, to explain this to not only my 9-year-old but to our whole community. There will never be a good enough explanation. I want the people of Jay County to think about this the next time you go to vote. It could have been you.
Michael Craig
Portland[[In-content Ad]]
On New Year's Eve my home was burglarized and set on fire. My family and I were on vacation over 1,000 miles away at the time that this happened. We received a phone call around 3 a.m. from my daughter telling us what was happening and also found out over the phone that our home was a total loss.
My problems with this fire began from the time the sheriff arrived at our home and have escalated from there. I am the manager of Oakwood Mobile Home Park here in Portland. Seeing as how this fire occurred on New Year's there were still quite a few tenants awake and out on this night. One tenant stepped outside of his home and saw smoke so he started running towards our home yelling for someone to call 911. He got the attention of some of our relatives who then took off with him towards the house. Several neighbors had called 911. This tenant and the others that had joined him saw two suspects running towards the field and they looked to be carrying items with them. Also a tenant across the street from our home noticed shortly before the fire that the lights had been turned on in the home and she saw movement but assumed that we had returned from vacation earlier than planned.
The problem that I have with this is that police at the scene of the fire did not take the first statement about the suspects or ask for their descriptions. They was more concerned with asking neighbors and family members if there were any drugs in our home. After the fire was extinguished police searched through our home including our dresser drawers and personal items as if we were the criminals. The police must of been very disappointed when they didn't find any drugs in our home seeing as how they were so certain that our house was burnt down due to a “drug deal gone bad.” This statement about a “drug deal gone bad” was made right in front of a family member and several neighbors.
Why they would think this is beyond me seeing as how I have no criminal history whatsoever. When they were done going through our home they turned some items that were partially salvageable over to the owner of the mobile home park along with some to a family member. The problem that I have with this is that our sheriff turned over firearms to someone who he knew had a convicted felon living in their home. We all know that once convicted of a felony you are not to be around firearms.
On to the investigation — if that's what you want to call it. I gave police the names of a few people that they should question. One man that was questioned came up to talk to me the day after he talked to police and told me that instead of asking him about the suspects that he saw running down the road that he was questioning him about me. If this person knew if I was a drug dealer, if he suspected there to be drugs in the house, and so on. When this man asked the investigator if he wanted him to fill out a statement with a description of the suspects and the events of the night, the investigator told him that it wasn't necessary. Another man was taken in for questioning. The investigator went to talk to my wife after questioning this man and told her that he asked the man about there being a pound of marijuana in our bedroom. My wife was dumbfounded. She left work early very upset not knowing why absurd questions were being brought up about drugs and why they weren't looking for the people that burglarized and burnt us out of our home. Weeks after all of this took place the sheriff’s department finally had a few suspects. Two people were arrested for burglary and arson. Our fire was determined arson. There was a signed confession from one of the individuals admitting to burning our home down, who also named an accomplice. But you see, neither one of these individuals were charged with burglary or arson. So where is justice? It's not here in Jay County's judicial system.
We received no paperwork on the male subject from the prosecutor's office. No information pertaining to court dates, plea bargains, etc.. All of the paperwork we do have we have had to go get which hasn't been all that easy. We have either had to pay for it or have been told that we will have to get a lawyer and have it subpoenaed. We had to read what happened in the newspaper. What a wonderful way to find out that someone can break into your home and steal your personal belongings, violate your privacy, and burn you out of your home and walk away free of any charges relating to the criminal acts involving our home.
This male took a plea bargain. He pleaded guilty to burglary on another person’s home and did get a small amount of prison time. He was ordered to pay restitution on all counts — even the ones that got dismissed. Except for ours. We received nothing. Our insurance company received nothing. So now because of this we are having a difficult time finding anyone who will insure our home. The companies that will insure it want at least $1,500 to $2,000 up front.
As for the female subject all charges were also dismissed. We did receive some paperwork from the victim’s advocate on her case about court dates but it didn't do us any good. We still never got to speak to the prosecutor. My wife and I did appear at her court dates and were not allowed to speak. The exact same thing happened here. She also got a small amount of time on some charges on other crimes she had committed throughout our community. Everything pertaining to us — dismissed.
I have done my research on law. No, I am not a lawyer, but you can go on the Internet and very easily find the Indiana Code of Law. After reading some of these laws I started wondering why they didn't pertain to our case and how many other citizens of Jay County they haven't applied these to. Know your victim rights. In layman’s terms (IC 35-35-3-2) a prosecuting attorney must inform the victim of the discussion of a plea bargain, inform the victim before it is filed and must notify the victim that they are entitled to be present and address the court. This didn't apply to us.
IC 35-40-5-3 states that a victim has the right to confer with a representative of the prosecuting attorney’s office after a crime has been charged. To this day we have not spoken to or heard from the prosecutor. IC 35-40-5-7: The victim has the right to pursue an order of restitution. Of course that didn't include us either. These are just a few codes from a long list.
I am asking you as the citizens of Jay County to think about this. This very well could have happened to you, your children, your parents, your grandparents, etc.. This will affect my family for a long time to come-especially an innocent 9-year-old girl. It is hard enough these days to raise your children to do right and to have morals and respect for others. When crimes like this go unpunished what is it teaching our youth? It is teaching them that it is okay to commit crimes and that you can get away with them. You know as well as I do that had it been our judge or our so called prosecutor’s home this happened to the crimes wouldn't have been dismissed. Someone would have done some time. I am tired of watching our supposed justice system violate people’s civil rights. It is an injustice to everyone. It seems that some of our county officials need to be reminded that they are not the law. They are in office to uphold the law. The same laws that apply to us also apply to our city, county, and state officials. I can't explain to my 9-year-old why these people went unpunished. I don't have an answer. So I am asking you, Mr. Hutchison, or you, Mr. Burkett, to explain this to not only my 9-year-old but to our whole community. There will never be a good enough explanation. I want the people of Jay County to think about this the next time you go to vote. It could have been you.
Michael Craig
Portland[[In-content Ad]]
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