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Last updated on Thursday, April 23, 2015
(BLOOMFIELD) - A Jasonville man, who was originally charged with murder, has pled guilty to battery with a deadly weapon after accepting a plea agreement.
Doug Lambermont is accused of the murder of Derek Fulford on Labor Day in September of 2014, was scheduled to go to trial by jury in May. On Tuesday, Lambermont in a negotiated plea agreement pleaded guilty to the lesser felony charge.
According to a probable cause affidavit, police say Lambermont shot Fulford four times with a Smith & Wesson .380 semi-automatic pistol after a family argument. Lambermont was married to Fulford's sister. Lambermont told police he shot Fulford in self-defense after Fulford went after him.
The shooting occurred in the front yard of a residence of a home on North Ridge Road near the southwest edge of Jasonville where Derek Fulford lived with his father and step-mother, Wayne and Suzanne Fulford.
Fulford was transported to Greene County General Hospital where he was pronounced dead not long after his arrival in the emergency room.
According to an autopsy report by Forensic Pathologist Dr. Roland Kohr, Fulford suffered four gunshots wounds, one to the head, two to the chest and one to the right arm. Both the chest and head wounds were listed as lethal.
According to the Greene County Daily World, a defense attorney from the Greene County Public Defender's Office was initially appointed to represent Lambermont but about a week later, Lambermont retained criminal defense attorney Jessie A. Cook .
Superior Court Judge Dena Martin took the agreement under advisement and ordered a pre-sentence investigation report.
Under the terms of the agreement, if accepted by the court, Lambermont will enter a plea of guilty to battery with a deadly weapon, a Level 5 felony, and will be sentenced to four years in the Indiana Department of Correction (DOC) with two years suspended -- he'll serve one year of incarceration but will be given credit for days already served and good time credit, followed by one year of electronically monitored home detention, then will be on probation for the two years that were suspended.
In addition, Lambermont agrees to give up the handgun used in the shooting incident and he will be prohibited from owning or possessing any kind of firearms or ammunition from now on.
The prosecution agreed to dismiss the count of murder and dismiss an additional penalty that had been requested for the use of a firearm.
Lambermont is scheduled to be sentenced on May 19.
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