(BEDFORD ) - 29-year-old Dustin Chumley of Orleans was sentenced Friday to 12 years in prison for burglary and three years for resisting law enforcement by Superior Court Judge Michael Robbins.
Chumley pleaded guilty to the crimes. Other charges of theft and criminal mischief, as well as two charges of battery resulting in serious injury, were dismissed.
During the incident on June 26, Bedford police officers Derek Blackwell and Eddie Allen were injured. Blackwell suffered a dislocated shoulder, a broken arm bone and other injuries. Allen suffered a bloodied nose during the incident.
Public defender Lorinda Youngcourt argued that people are scared of Chumley because he's big, and people treat him differently because of his size. She told the judge that Chumley did not throw any punches, and during the scuffle with police Chumley had pulled away from the officers and they fell.
Chumley was also ordered to pay restitution of $626.99 to Blackwell and $380 to Allen, to serve in a drug abuse program and to participate in the batterers prevention program. During sentencing, Judge Robbins says aggravating circumstances outweighed mitigating circumstances and sentenced Chumley to the Indiana Department of Correction with two years suspended to probation and one year of house arrest.
For the resisting arrest charge, Chumley will serve the maximum sentence for a Class D felony, three years. The sentences will run concurrently, and he received credit for 168 days served.
Deputy Prosecutor Tim Sledd showed a video shot by a small camera worn by Maj. Danny Irwin. In the video, Chumley is upset but states he's not fighting or resisting arrest. Chumley shouted expletives and claimed his head was injured. Youngcourt asked Irwin, who testified after Allen, if anyone had investigated Chumley's head injury. Irwin said no one had.
Det. Phil Wigley of the Lawrence County Police Department then testified about the two incidents in the jail. Wigley learned of Chumley's intentions to use batteries for the tattoo gun by monitoring his phone calls.
A video of the altercation at the jail was played, but it did not record any sound. An incident report filled out by Commander Bill Johnson reported another inmate, who was hard of hearing, was playing the TV loudly around 9:30 a.m. on May 16. Chumley struck the inmate in the face, and correctional officers told the two to get on the floor.
The other inmate got on the floor immediately. Officers had to tell Chumley at least two more times. Wigley said he was not compliant with additional orders, and officers had to subdue him by using a Taser gun.
Lora Patton, Chumley's mother, says her son struggled with drug addictions saying her son had been to counseling, rehab, Meadows Hospital and that he was bipolar and been on medication since he was 17-years-old.
Chumley read a statement to the court saying he was embarrassed and humiliated. He also apologized to both officers and everyone else involved in the incident.
Robbins told Chumley he needed to grow up and take responsibility for his actions.
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