Timothy Jack Callahan, 28, and Floyd Hamblin, 46, were two of 10 suspects taken into custody during an initial drug/arrest warrant sweep by members of the Clay County Sheriff's Department, Indiana State Police and the U.S. Marshals Fugitive Task Force worked and law enforcement officials in Vigo and Owen counties on Aug. 17, 2009.
Appearing in court Aug. 18, 2009, Clay County Prosecutor Lee Reberger formally charged Callahan with class B felony conspiracy to deal methamphetamine and a class D felony charge of maintaining a common nuisance. Bond was set at $25,000 (with no 10 percent allowed) and a jury trial scheduled for Nov. 16, 2009. The charges were later amended to include a class B dealing methamphetamine charge in March 2010.
On Aug. 19, 2009, Hamblin appeared in court via video conference for formal arraignment on class B felony dealing methamphetamine and class D felony maintaining a common nuisance charges. Bond was set at $25,000 (with no 10 percent allowed) and his jury trial was scheduled for Dec. 14, 2009. Clay Superior Court Judge Blaine Akers handled Hamblin's court proceedings, while attorney Geoffrey Creason subsequently replaced the original public defender in December.
When Callahan's initial public defender withdrew in September 2009, attorney Charles Hear was appointed and a motion to continue was granted to allow Hear to time to become familiarized with the case. The jury trial was rescheduled for March 1, 2010.
In December 2009, Hear filed a motion to reduce Callahan's bond.
On Jan. 5, 2010, a bond reduction hearing was held. While the amount of bond was not lowered, the judge allowed Callahan to bond out on a $25,000 cash bond with 10 percent allowed with the addition he qualify and apply for electronic in-home detention.
On March 1, the defense filed a second continuance of the jury proceedings, waived the right to a jury trial and requested a "bench trial," which allows the judge to hear evidence without a jury present and hand down a verdict in the matter.
The court granted the requests, setting the court trial for 2 p.m., March 31.
On that date, Reberger presented the state's evidence against Callahan.
When the state rested its case, the defense requested a continuance in the matter. Court was adjourned and the prosecution and defense were to file briefs with the court when it reconvened April 21.
While the state filed it's brief, on April 21 the defense filed a memorandum alleging the state failed to "carry its burden" of proving Callahan guilty on the two class B felony charges and requested a judgment on the evidence.
The judge denied the motion for the conspiracy to commit dealing in methamphetamine, but upheld the motion on the dealing methamphetamine.
The case was continued not once, but three times before the conclusion of the trial this week.
According to court documents, after experiencing his own roller coaster of trial proceedings, Hamblin entered into a negotiated agreement to pled guilty to conspiracy to commit dealing methamphetamine in Clay Superior Court Aug. 11. During the plea agreement proceedings, the prosecutor and defense "argued" about what they believed the terms of the sentence should be. The judge sentenced Hamblin to seven years at the Indiana Department of Correction (with good time credit allowed if earned), with all but two years suspended. Hamblin was given credit for 360 days previously served as a result of the charge. He was placed on probation for the suspended portion of the sentence and ordered to obey all laws.
Although the court was willing to allow Hamblin to be a part of the home detention program, it was later determined he was not eligible. Hamblin was ordered to remain incarcerated pending further court proceedings could be scheduled.
On Monday, Hamblin was ordered to testify in court proceedings as a way for the defense to show Callahan's alleged innocence.
However, Trout found Callahan guilty of class B felony dealing in methamphetamine Monday, according to court records.
A pre-sentence report was ordered to be completed by the court and will be used during upcoming sentencing proceedings, which have yet to be scheduled.