A Brazil man was convicted Friday of various drug-related charges after a three-day trial in Superior Court this week at the Clay County Courthouse.
Tommy L. Borders, 47, was convicted of class A felony possession of methamphetamine, class C felony possession of methamphetamine, class D felony maintaining a common nuisance and class A misdemeanor possession of paraphernalia.
The jury returned a not guilty verdict on the class A misdemeanor charge of possession of marijuana.
The charges stem from a joint investigation by the Brazil Police Department and Clay County Sheriff's Department due to a traffic stop on a vehicle driven by Borders on Jan. 5, 2009.
Borders waived his right to a jury trial on the Habitual Substance Offender charge filed by the Clay County Prosecutor's Office, allowing Clay Superior Court Judge J. Blaine Akers to hear testimony regarding the matter after the jury was excused.
After evidence was provided about Borders having two separate, unrelated prior substance convictions, Akers found him guilty of the sixth count.
The State of Indiana provides a "minimum to maximum range" in sentencing recommendations to help judges determine the amount of time an offender could potentially serve.
Depending upon the mitigating and aggravating circumstances of the case, a person convicted of a class A felony could be sentenced to incarceration for 20-50 years, 2-8 years for a class C felony, 6 months-3 years for a class D felony and 0-1 year for a class A misdemeanor.
A judge determines the amount of time that can be added from a sentence recommendation of 3-8 years on other charges for a conviction of the Habitual Substance Offender.
At the end of the trial, Borders waived his rights to have a sentencing hearing within 30 days. Scheduling a sentencing hearing on Jan. 6, 2010, the court ordered the Clay County Probation Department to prepare a pre-sentence report and remanded Borders into the custody of the Clay County Sheriff's Department.
Due to protocols established for an A felony trial, officials confirmed security at the courthouse was heightened and several armed officers escorted Borders to the Clay County Justice Center. He will remain in custody without the potential for a bond until further court proceedings.