Judge Joseph Trout decided to take the new plea agreement presented by Special Prosecutor Nina Alexander and Defense Attorney Joseph Etling under advisement and scheduled Feb. 22 at 1:30 p.m. as the date and time he would announce his decision to accept or reject the plea agreement and its sentencing recommendations.
Lambert voluntarily entered a guilty plea to a class D felony Intimidation charge and a class A misdemeanor domestic battery charge and dismiss three other counts in the case stemming from the Sept. 22, 2006, dispute with his girlfriend at his home. However, because of Indiana's Alternative Sentencing Statute (IC: 35-50-2-7), Lambert will be charged as if both were class A misdemeanors, punishable with concurrent one year sentences of formal in-home probation with good time credit allowable if applicable.
When asked to confirm the facts of his guilt in court, Lambert admitted that he made threats to kill his girlfriend if she didn't perform an undisclosed sex act and did, at some point, cause her injury.
In the second case stemming from incidents that occurred when officers attempted to arrest Lambert at his home on Sept. 23, he voluntarily pled guilty to two class D felony charges, criminal recklessness and resisting law enforcement with the state dropping the other two counts.
Receiving two concurrent 18-month sentences for each count, as part of the plea, the court would acknowledge Lambert's serving jail time from Sept. 23-Dec. 22, 2006 and allow credit for the time served and agree to electronic monitoring during in-home detention instead of incarceration.
As part of the plea agreement Lambert also agreed to pay court fines, $500 in restitution to Hayes and law enforcement costs during the standoff, including replacement of robotic units $533, overtime wages of $2,940.72, armored vehicle fuel costs $66 and a little more than $1,200 in various costs to the Clay County Sheriff's Dept.
When asked to confirm the facts of his guilt in the second case, Lambert admitted he resisted and obstructed justice when law enforcement officers attempted to serve him with an arrest warrant and recklessly discharged two firearms at his home during the standoff.
Lambert requested the court to allow him to continue working and living in North Carolina, which Trout allowed but said Lambert's original bond would stay in place.
However, Trout, who felt a previous plea agreement on Nov. 27, 2007, was too lenient, took the new plea agreement under advisement with a warning to both attorneys a pre-screening report with the corrections department must be completed on or before Feb. 18, or he would deny the motion.