Jeffrey Lusch, 58, of the Fort Wayne area, was sentenced Thursday, November 6, in Marshall Superior Court Number I to 20 years imprisonment at the Indiana Department of Corrections for Burglary. In open court, Lusch admitted that on June 28, 2013, he broke into and entered a home on Baker Street in Plymouth in the middle of the day and was discovered by one of the homeowners. When confronted, Lusch took off running with the homeowner in pursuit and calling 911 on his cellular telephone. A fast response by Plymouth Police and Lusch was apprehended by Corporal Ray West.
After being incarcerated at the Marshall County Jail for almost a year and a half, Lusch pled guilty to the Burglary charge, and the State agreed to dismiss a Habitual Offender enhancement request. The State was represented by Chief Deputy Prosecutor Nelson Chipman and the defendant was represented by Ft. Wayne attorney Donald Swanson, Jr.
After hearing arguments of counsel in aggravation and mitigation, Judge Robert O. Bowen sentenced Lusch to the maximum sentence for Burglary as a Class B felony, which is 20 years of imprisonment. He suspended 4 years of the sentence, making for a 16 year executed sentence followed by 4 years of probation.
The case began on June 28, 2013 at approximately 11:30 am, Lusch broke into a home on Baker Street in Plymouth. One of the owners was home in the basement when he heard the forced entry and someone walking about the house. The owner came out of the basement and confronted Lusch who then ran out of the house with the owner giving chase. Upon his arrest, a set of skeleton keys were found on Lusch, along with approximately $180 in cash that belonged to the homeowner. A crowbar was found near the forced open back door. After securing Lusch in the police car, a pair of black gloves was found stashed in the back seat of the car. Lusch testified the gloves were to prevent his fingerprints from being left at the scene.
A review of Lusch’s background revealed two prior burglary convictions; one in Wayne County, Indiana in 1981 and another conviction for Burglary out of Mercer County, Ohio in 2011. Both prior convictions resulted in light sentences, but Lusch was still on probation for the Ohio conviction at the time the Marshall County crime was committed.
Chipman emphasized the habitual nature of the conduct committed by Lusch through the years, labeling him a career criminal and that he was not a candidate for probation or any other lighter sentence. The defense argued for leniency emphasizing the defendant’s mental instability at the time, his family support and the fact he has served as a trustee at the jail for over a year. After a question by Chipman, Lusch claimed that he had committed only three burglaries in his life… 1980, 2011, and 2013, and was apprehended each time.
Judge Bowen ruled that the aggravating factors of a prior record and being on probation far outweighed the mitigating factors urged by the defense. That conclusion motivated Bowen to hand down a maximum sentence of 20 years, suspending only 4 for an executed sentence of 16 years, followed by 4 years of probation.
