A Marshall County Grand Jury in December of 2014 indicted Jon A. McFarland, 54, of Culver on a single count of Reckless Homicide, a Level 5 felony, for an automobile crash that occurred on October 12, 2014 at the intersection of U.S. 31 and State Road 10 near Argos. Based upon his previous plea of guilty to the charge, McFarland was sentenced Wednesday in Marshall Superior Court 1 to three years of imprisonment at the Indiana Department of Corrections, consisting of 60 days at the Marshall County Jail, and two years, 305 days of home detention supervised by Marshall County Community Corrections.
Marshall County Prosecuting Attorney Nelson Chipman presented the case to the Grand Jury in December of last year. The crash occurred at 9 pm when McFarland, driving west on S.R. 10 crossed U.S. 31 and failed to yield the right of way to vehicles traveling southbound. McFarland struck a vehicle being driven by Alexander Hutchins, 25, of Portage, Indiana. The force of the impact pushed the Hutchins vehicle sideways where it was then struck on the passenger side by a semi-tractor trailer driven by Jose Jimenez Hernandez of Martinsville, IN. The force of the impact resulted in the death of Alexander’s passenger who was his twin brother, Benjamin Hutchins of Ft. Wayne.
Neither alcohol nor drugs played a role in the crash for any of the drivers. Criminal culpability was imposed upon McFarland for the reason he had stuffed his vehicle full of scrap aluminum siding that resulted in a complete blockage of his view out the right passenger window. The Grand Jury returned an indictment of Reckless Homicide by alleging that McFarland recklessly killed “Benjamin Hutchins by recklessly transporting scrap materials in such a manner as to obstruct his view as he operated his motor vehicle and failed to yield the right of way to other traffic.”
No trial was held on the case as McFarland admitted his guilt and pled guilty. Judge Robert O. Bowen held a sentencing hearing that consisted of testimony by Benjamin’s twin brother Alexander and their mother. Alexander read an eloquent statement of forgiveness and understanding even though he continues to suffer from permanent brain damage derived from injuries in the crash. His eyesight and balance and speech may always be impaired, but not a vengeful word was spoken as he held a written statement close to his eyes. His mother finished the reading, followed by the twin’s step mother who read a statement from their father who was unable to attend the hearing due to work commitments.
McFarland testified on his behalf as did his 89 year old mother with whom he resides. Defense counsel Joseph Simanski emphasized mitigating factors that included McFarland’s deteriorating health requiring kidney dialysis three times a week and the need to assist his mother’s ordinary needs. Simanski submitted evidence that McFarland was recently put on permanent disability.
Chipman argued for the advisory sentence of 3 years imprisonment noting that Department of Correction facilities do have access to kidney dialysis treatment for affected inmates.
At the conclusion of the evidence and arguments of counsel, Judge Bowen detailed how he weighs all the factors, both in mitigation and in aggravation of a particular case as it applies to the advisory sentence set by the legislature. And for this case he stayed with the advisory sentence of 3 years. Bowen then declared the 3 years would be served with the first 60 days in the Marshall County Jail (which has been served already) and the remainder of the time on home detention consisting of strict supervision by Community Corrections requiring, among other things, the offender to wear a GPS ankle bracelet always tracking his movements. Bowen also suspended McFarland’s driving privileges for the maximum time permitted under the law.
