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Friday, May 6, 2016

Jury convicts Borders on numerous charges

Friday, November 6, 2009

(Photo)
Law enforcement officials escorted Brazil resident Tommy Borders out of the Clay County Courthouse after a jury handed down a conviction in Clay Superior Court Friday. Ivy Jacobs Photo.
* Security heightened during trial

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.

(Photo)
Tommy L. Borders
The sentences ordered for convictions on various charges can be ordered by the judge to run concurrent (at the same time) or consecutive (each sentence completed individually).

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.


Comments
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Why not give him the max for seems like nothing else works. At least the streets will be cleaner and kids will be more safe while he is locked up! It's just a shame the taxpayers have to pay to keep him. Why can't we find a way to make them pay for some of their incarceration. After all, it is of their own choosing. Good job, BPD and CCSD and any other law enforcement involved!

-- Posted by Rebel L on Sat, Nov 7, 2009, at 6:30 AM

I have known this man for a very long time. He is a wonderful man and a good dad. But you all see what the papers and the police want you to see. What about the woman Tabby Golden and Susie Macdaniels?They will still be on the streets for the same thing. Is this ok? Because the police and the system cut them deals? Whats good for one is good for the other. I believe that a murderer would have got better treatment than how they did him.

-- Posted by sborders on Sat, Nov 7, 2009, at 12:48 PM

WOW!! How cool are you people?? You all judge him by what you read in the papers and what the police want you to read!! His case wasn't how it seemed, i am not at liberty to let you know what happened but i can can tell that the only reason he was convicted is because his girlfriend"Tabbi" and his "friend" Susie McDaniel didn't want to sit thier own time and testified against him so they could get the "GET OUT OF JAIL FREE CARD" How cool is that to not set your own time to take someone elses from thier family for a long time!! Whats realy wrong with this picture? does nobody else not see anything wrong with that!!??

-- Posted by Chuck moran on Sat, Nov 7, 2009, at 1:01 PM

I have known Tommy for several years. Tommy is a GOOD MAN.. I understand that we need to pay for our wrongdoings. But to have someone treated the way he has been treated. Isn't right...

You would thought he was some Serial Killer with ALL the ARMED OFFICERS... with Machine Guns... now come on....don't you think that was just alittle over board... What is he going to do RUN..

You know that Susie McDaniels (Johnson) whatever she goes by... hasn't done anytime over this (or her FORGERY CHARGE)but she is just as guilty.She has been arrested for drugs, theft, forgery, and etc..more than one time. She was with Tabby when Tabby was arrested. And I believe drugs were found on her. But she is still walking the streets just happy go lucky...not a care in the world...of course not make a DEAL with..and you can break the law all you want.

-- Posted by taz123422 on Sat, Nov 7, 2009, at 1:18 PM

I hate when they let others off to get one person. Why some many armed officers? Doesnt make sense. Maybe the others were let off cause the cops just use them to bring down people.

-- Posted by confused33 on Sun, Nov 8, 2009, at 9:44 AM

I will give him credit for some thing, least he took his punishment like a responsible man. He didn't go snitching people out to cover his own rear-end. It's sad to watch people go to prison over drugs it's too bad there wasn't something we could do to help them besides locking them away. It's sad to think that there really are no place that these people can go for help until they get into trouble. I think that they need lots of counseling and more monitoring for many years. Maybe someday we'll find the answer. It amazes me how people just want to lock them up instead of dealing with the problem, if locking them up was the answer why do they still repeat the same thing? Tommy was one of my friend's neighbor and he was always VERY respectful and helped him many times.Never once did he cause trouble or did anyone ever steal. It's just sad because I really believe that he could be a productive citizen if he had some guidance. We lock these people up and release them into a world full of prejudice against criminals to begin with, then they have no skills, but yet we expect them to stay out of trouble. I don't know how we expect them to survive, it's no wonder they go back to the same crimes, that's all they know.

-- Posted by ape1 on Sun, Nov 8, 2009, at 12:51 PM

QUOTE: "He is a wonderful man and a good dad".

Yea, right. Maybe he should be nominated for Clay County "Man of the Year".

You ppl are idiots.

-- Posted by I. M. Lee Thall, Esq. on Sun, Nov 8, 2009, at 4:11 PM

the story says why there was heightened security, because it was an A FELONY TRIAL. it's not media or police propaganda, it's STANDARD PROTOCOL for these types of situations. someone made the comment of, "whats he gonna do ,run?" the fact is that for these kinds of trials, crimes outside the courtroom ARE committed. jailers and bailiffs have been killed outside of courtrooms because someone, usually a loved one, tries to "help" these people that are going to go away for a long time. and why should i have to "help", or make sure he gets help because he's going away for awhile. i'm tired of being told i'm not "correct" because i think people should be sent away for awhile whenever a criminal has been convicted of a serious crime. he committed these crimes, so he's gonna have to pay his debt to society. after he's released, he's paid his debt, and that'll be that. if he seeks out help while incarcerated, good for him. and anyone that thinks i'm being too judgemental, i'm not. he's already been judged, and convicted by a jury of his peers.

-- Posted by pitbull_advocate on Sun, Nov 8, 2009, at 8:39 PM

Well said everyone! McDaniels and Golden are habitual drug offenders too,but they probably are now confidential informants for the law enforcement.The only problem is they publicized it and everyone knows it so what good are they if the paper has "fronted" them out?As for all the cops as little as that guy is,Cmon it is all a show!To make our Sherrifs office and BPD look important,thats all that was.The two girls are probably doing "favors" for certain people because I knew those girls in high school and they are "GUTTER TRASH"!I do feel sorry for any kids involved,i think Tabby had a few who knows what happened to them?

-- Posted by westsidemom on Mon, Nov 9, 2009, at 9:18 AM

Pitbull_advocate,

How old are you?And when has anyone ever done something of that nature in Clay Co,as far as harm a prisoner or jailer or officer transporting from jail?NEVER,and we have had some high profile cases tried right here in our county.I have one question if it was a pitbull showing aggression should we lock him up in a cage,give him minimal contact or even put him down for that aggression?U are probably gonna say no huh?Thats b/cuz you are a hypocrit,people have just as much rights as your stupid dogs.

-- Posted by westsidemom on Mon, Nov 9, 2009, at 9:28 AM

u have got to be kidding me westsidemom. u r foolish to think something malicious wouldn't happen to a jailer or officer in a situation like this. i'm sure u never would have thought anyone would pull up in a van and shoot at an elementary school in your precious clay county either. but it happened, didn't it? short term memory is not a great trait to have. and u r right, humans have rights too. he exercised those rights, and was convicted in a court of law by one of his rights, A JURY OF HIS PEERS. what is your issue here anyway, it's hard to follow you cause you're all over the place. r u upset about the high security, or about a certain breed of dogs? rofl, how cool r u for calling my dogs stupid.

p.s.-what does my age have to do with anything? r u trying to seem wise and distinguished with that comment? aw shucks, outclassed again.

-- Posted by pitbull_advocate on Mon, Nov 9, 2009, at 11:10 AM

How can anybody have any sympathy this man? If you play with fire your gonna get burnt. Everyone knows the ramifications of drugs, and if you choose to get involved, its on nobody but yourself. Unless someone holds you down and sticks the needle in your arm against your will, you got nothing coming but jail time or a box.

-- Posted by pantera1 on Mon, Nov 9, 2009, at 11:22 AM

i will say that i agree with how everyone feels about the McDaniels/Golden situation.

-- Posted by pitbull_advocate on Mon, Nov 9, 2009, at 11:31 AM

Well i think that the government blows things way out of porportion these days. My dad lived in seelyville all his life and he had never gotta arrested a day in his life never even made a peep in his town. i dont know if any of you ahve seen the back of my dads chevy or not but thats why most people love him. the feds took my daddy away for five years and then five years house arrest when he had never even been in trouble before, he had only about 1 gram of marijuana in our home and they took him away from me! I LOVE JUDGE AND COP KILLERS. was writtn on the back of my dads truck and they got him hard for that. When in the Constitution is states that we all have free dome of speech....well my dad spoke out and now look im 15 years old and no father. the cops should be out lokking for sex offenders and robbers and car theives! not the people who do drugs because i garentte marijuana will be legalized with in the next 4 years and if not i will lose all faith in humanity.

-- Posted by foxychick2013@yahoo.com on Mon, Nov 9, 2009, at 1:33 PM

pittbull_advocate: I completely agree with you on all that you said. You do the crime you do the time. Hieghtened security was in place because like you said it was a felony case. I do believe if I remember right, wasn't the court house shut down one day because a man said he was coming to town to shoot the judge for something like this same matter.

Foxychick: FREEDOM of speech is completely different then finding drugs on someone. If the Feds were involved then chances are your Daddy was doing a lot more than what you knew about. You are on here saying that you are 15 and have no Daddy. Think about this. The sign on the back of your dad's truck about Cop Killers and Judge Killers, don't you think they have kids also. Everytime someone kills one of them over something petty and stupid, like them doing their job, some young child looses their dad for good. You have a chance to see your dad again, but thanks to people that believe the way your dad does they don't get to see their dad ever again. You do have freedom of speech but think twice before speaking once.

-- Posted by time2growup on Mon, Nov 9, 2009, at 2:12 PM

Foxy Chick

If your "daddy" had I LOVE JUDGE & COP KILLERS on the back of his truck, he was asking for trouble! These people have families also. You stated you are 15 years old and have no daddy. How do you think a cop's family feels when another officer has to go to their home & tell them that their husband/daddy has been killed by some idiot out on the street?? Well, IMO, it's time for you to start growing up! After trying to read your post, it looks like you might want to pay more attention in school! Oh, and just for the record, my husband is a retired police officer!!!

-- Posted by th1953 on Tue, Nov 10, 2009, at 9:35 PM

Ok everyone lets tell a 15 year old off real big people Foxy Chick i feel for you i kno how it feels to have ur daddy taken away i will pray for you and pitbull_advocate grow up and get a life westsidemom is right if it was ur pittbull and it was in its own yard minding its own buisness and another dog attacked it should we lock it up for defending its territory? hmm no but what about all the snitches they deserve time too and for the record i love pittbulls i have one of my own

-- Posted by brittbratt on Thu, Nov 12, 2009, at 10:37 AM

lol, r u serious with that brittbratt? there was absolutely no relevance in what you are trying to express to me in your comment. what does a dog getting in a fight with another dog on its property have to do with a person going to prison for drug related charges? see what i mean? it doesn't make any sense. my dogs do not do or sell drugs, so why even bring them up in a forum like this? grow up and get a life? for what, expressing how i feel about this situation? matter of fact, i never really said too much about mr. borders, except if you do the crime, you do the time. pay your debt to society and go about your business. i was mostly trying to explain why in some instances, extra security like that in the above picture is necessary, and is not overkill. in addition, there was only one person that typed anything about foxychick and her grammatical errors. so don't post a comment making it out like everyone in this forum was typing insensitive things and attacking her. make sure to read ALL the comments before posting your own and taking stabs at people.

-- Posted by pitbull_advocate on Thu, Nov 12, 2009, at 7:17 PM

Pitbull_advocate,

Ok let me begin with,the comment I made about age was simply saying I have seen alot of high profile cases tried over the years,and I was asking or reffering to how many have u seen I thought u may have been on younger the side and may have not seen as many as me.But let me make a reference to a more recent 20 yr old "murder" case,(hence the word MURDER) how about MUSTARD/PICKETT murder case?I know they did not have overkill security for that one,I was therer!explain that "oh wiseone",that involved death,with a gun,corrupt cops(roger lindsey),wouldn't u think that would define a threat or danger?And I what I did say is that nothing has happened in this county yet,not that it could not happen,reread the post!The point about the dogs is you claim to be so understanding about the dogs but are so strong on other issues.And as far as me having short term memory I know what I wrote,u interpet it your way u always do.And I am not the one attacking 15 yr old little girls am I?I guess the "bull"in your username is code for BULLY!And for the record I have a pitbull named Sable,so i don't hate the breed,simply making a point about your passionate stand.I just feel like our judicial system is corrupt in this town,to let to repeat offenders run free and lock another away basically for life.I would almost bet a paycheck that both Golden&McDaniels will be frontpage material within the next few years,so how was justice done?

-- Posted by westsidemom on Mon, Nov 16, 2009, at 7:32 AM


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