A non-traditional Ball State University student faces a habitual offender charge, among other possible felony convictions, after he heard his formal charges in court Monday.
James Cleo Robertson, a 40-year-old with freshman status, was arrested March 18 on multiple felony charges after Muncie police received a report of a stolen handgun that led to a car chase, according to Muncie police reports.
Delaware County Deputy Prosecutor Ron Henderson read five formal charges against Robertson to Judge Thomas Cannon of Delaware County Circuit Court 5. The charges included: carrying a handgun without a license, resisting law enforcement, operating a vehicle while intoxicated and endangering a person, receiving stolen property and driving while a habitual offender.
Henderson said the prosecutors office filed for habitual offender status for the resisting law enforcement charge.
Under Indiana law, a person can be convicted as a habitual offender if he or she has at least two previous, unrelated felony convictions. State law allows for a judge to sentence habitual offenders to up to three times the recommended prison term.
Convictions of resisting law enforcement - a Class D felony - have advisory sentences of 18 months, which means Robertson could face up to 4.5 years in prison.
Robertson was previously sentenced to one year in Delaware County Jail on charges of resisting law enforcement in 2005, Henderson said during the hearing. Robertson also has an operating while intoxicated conviction from September 2008, Henderson said.
According to police reports on March 18, an unnamed person claimed a 9mm handgun was stolen. The suspect drove off, and police later found a car matching the description the victim provided, according to reports.
When police tried to pull the car over, it sped off, but lost control on a turn and crashed. Robertson got out of the vehicle and ran away, but a police dog caught him, according to reports.
Robertson was arrested, and he remained in Delaware County jail on a $32,500 bond as of Monday.
Along with the possible sentence increase if convicted as a habitual offender, Robertson faces count enhancements for the carrying a handgun without a license and operating while intoxicated charges - normally Class A misdemeanors. The charges were upgraded to Class D felonies.
Robertson's handgun charge increased because of his previous criminal record. His operating while intoxicated charge increased because he had a previous conviction for operating while intoxicated in the last five years.
Cannon scheduled a hearing for Robertson on April 7. The pretrial conference is tentatively set for May 5 and the trial by jury is set for June 2. State law allows Robertson 20 days to file a guilty plea if he decides to.
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