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Monday, May 2, 2016

Brazil residents found guilty

Thursday, August 19, 2010

(Photo)
Callahan
After some strange trial proceedings during the past year, two Brazil residents were recently found guilty of felony drug-related charges.

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.

(Photo)
Hamblin
Hamblin, who was also charged in the same incident, was supposed to provide testimony in the Callahan case. But he requested to exercise the right to have his attorney present because he had yet to be sentenced in Clay Superior Court.

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.


Comments
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Well, that was all a little on the confusing side. Whatever happened to that Van Ormam case from up on the north side of town?

-- Posted by LastSanePerson on Thu, Aug 19, 2010, at 7:52 PM

Glad I was not the only one confused.

-- Posted by IndyBklyn99 on Thu, Aug 19, 2010, at 11:29 PM

I'm confused, too. Trout is mentioned in the next-to-last paragraph. Are we supposed to know who that is?

-- Posted by ebrann on Fri, Aug 20, 2010, at 3:06 AM

ebrann..Trout is the judge. Im not sure if im as confused as everyone else but the way i understand it is he is getting time served because he was testifying?????? Does that mean he is snitching on the other guy? It says he was testifying FOR him but why would his time be reduced for that? I dont know either of them (which is a good thing) and was just tryin to figure the story out. Anyway, whatever....

-- Posted by madmom01 on Fri, Aug 20, 2010, at 8:30 AM

Thats what I'm talking about - confusing articles !

-- Posted by Edward Kane on Fri, Aug 20, 2010, at 9:12 AM

I'm so glad I has some scruples and deleted what I had typed previously. Trust me, it was a doozy.

HAHAHA

-- Posted by Dagnabbitt on Fri, Aug 20, 2010, at 9:20 AM

So .. Callahan is on probation because of his 360 days time served and the 5 years waived and because Hamblin doesn't qualify for home detention, he's still in jail pending trial?

My question is this: Why was this case continued so many times??

Keep an eye out, folks .. or two .. I'm sure we'll see these names appear again when Hamblin gets his 'Get out of Jail Free' card. *sigh

-- Posted by Emmes on Fri, Aug 20, 2010, at 11:23 AM

What just happened here?!?!?!

-- Posted by Proud of My Country on Fri, Aug 20, 2010, at 11:26 AM

Yes, that is exactly what it means. The one that squeals first and the loudest gets the lighter sentence if any. It helps clear the books and takes the heat off the cops. I really would not want to be the cops or the judges to tell you the truth. Their job is a thankless job.

-- Posted by Susan Paloma on Fri, Aug 20, 2010, at 11:59 AM

Susan, exactly how does it take the "heat" off the cops? A suspect is sentenced by a court, not the cops.

-- Posted by I. M. Lee Thall, Esq. on Fri, Aug 20, 2010, at 1:32 PM

well it just shows hamblin is a snitch and anyone who knows him like i do will tell u he always thought he was above the law and now they just showed him he is he how can a man who is busted in vigo county wit sudefed aand meth walk away and then get busted for dealling in clay county and walk away to he told the judge he dont know wat meth is i have seen the transcripts on this case and its all messed up hamblin got off without nothing while callahan goes to prison wow

-- Posted by kendrasman on Fri, Aug 20, 2010, at 1:45 PM

Let me lay it out for you people here.. This guy just walked away from dealing the white plague with TIME SERVED!! The only reason this is making the news is because for the past six years everybody thought we didn't even have a prosecutor. And this just goes to show you... WE STILL DON'T!! Lee who? Seems like the other guy knows more about the law.

-- Posted by sandman442 on Fri, Aug 20, 2010, at 3:20 PM

Once again BIG DEAL !!!!

-- Posted by Thorn44 on Fri, Aug 20, 2010, at 8:09 PM

i no for a fact he has a history of drug problems and in august of 2008 he was caught in vigo county with possesion of precursers and meth over 6 boxes of sudifed and wen u read the court transcripts hamblin says he never did meth and dont no sudefed was used for it that y callhan got a deal to causse floyd hamblin is a lier and a fake and always has ben the 10 yrs i have known him

-- Posted by kendrasman on Fri, Aug 20, 2010, at 8:31 PM

I see that no matter how hard the police work to get these guys off the streets the court system turns around and dumps them right back out there. Hamblin is one of the biggest losers in Clay, Vigo or Putnam county where he matriculated from. He uses everyone he comes into contact with. I truly believe my favorite part of this article is the following line: "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." I'm sorry does a judge actually have to state that all laws are to be obeyed? Most people do not end up spending a year in jail eating 3 fully prepared meals, watching tv TALKING on the phone because they obeyed the law. Once again this county doesn't surprise me.

-- Posted by Brazilmom on Fri, Aug 20, 2010, at 11:12 PM

Man, I'll have to agree that was confusing.

What I got was that Hamblin plea-bargained a 7-year sentence in Clay Superior Court in front of Judge Blaine Akers on Aug. 11, 2010 (as he was arraigned on Aug. 18, 2009). He was sentenced to the 7-years with 5 suspended, leaving 2 to be served. Out of the 2 years, he was given credit for 360 days served while awaiting the dispensing of justice. So, 370 days from Aug. 11, 2010 he will be out on probation.

Up near Hamblin's mug shot, the article states that he was to provide testimony earlier in Callahan's proceedings, but he requested to have his attorney present as he had not yet been sentenced. On Monday, Hamblin was ordered to testify (having been sentenced) so Callahan's defense could show Callahan's innocence. Obviously didn't convince the judge.

I've had the opportunity to meet both of these idiots. One was an acquaintance of one of my relatives and the other was acquainted with two of my family. I hate to say it, but I'm glad that the set of Callahan's grandparents that I knew didn't live to witness this. I'm just sorry for Hamblin's little boy.

Frankly, I don't care who informed on whom or if any did, morons who break the law need to be caught and punished. However, to borrow a line from comedian Ron White, "There's no cure for stupid". Watch the Brazil Times for the next chapter of the continuing saga of "Drugs: Crimes and Punishments in Clay County -- A Never-Ending Story."

-- Posted by Leo L. Southworth on Sat, Aug 21, 2010, at 2:23 AM

Doesn't every day served count as two with good behavior? So this guy has already served all of his time. He just walked away with time served. When are we going to wake up, and realize that these kinds of sentences are nothing more then a slap on the hand? "Hope you've learned your lesson, becasue we did our part" I feel bad for all the people at CCSD that put in all this hard work to have some worthless moron drop the ball time after time on these cases.

-- Posted by sandman442 on Sat, Aug 21, 2010, at 10:22 AM

I do know both of them and both of them are going to get out with time serviced. I think both of them should go to prison for what they did

-- Posted by blue25 on Sun, Aug 22, 2010, at 6:09 PM

This is Brazil.. What more should we expect!!! Just like the minor that stabbed a 19yr old.. I know the kid has been in trouble before. Well he stabbed someone two times, one stab punctured his lung. and guess what? The kid did 2 weeks in juvie and is now out on house arrest!! Thats crazy!!! O and by the way.. this happened on washington street in Brazil!! I would really like to know y there is no article about it?????? This happened on July 23rd, in front of one of our local reporters house.. Could that be because this persons children are friends with the kid that did the stabbing..There were two other kids involved that got NOTHING!!!!! Wat a fine town we live in!! NOT!!!!

-- Posted by rockon73 on Thu, Aug 26, 2010, at 7:37 AM


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