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Last updated on Thursday, May 21, 2015
(BLOOMFIELD) - Doug Lambermont of Jasonville has just 10 more days to serve in the Greene County Jail before he serves a year on home detention followed by two years of probation.
Lambermont, initially charged with the murder of Derek Fulford on Labor Day in September of 2014, was convicted and sentenced in Greene Superior Court Tuesday afternoon.
The Greene County Daily World reports that Derek Fulford's mother, Peggy Johnson, read a prepared statement to the court before the sentencing saying the only reason Lambermont was walking away from a murder sentence was because her son had a past.
Johnson told Lambermont that she hoped he never had to see blood flowing from one of his children the way Fulford's father had to see blood flowing from his son as he held him while he was dying. She said she hoped Lambermont never had to see his son in the morgue or a casket.
She told Lambermont he had ripped Fulford's children's lives apart by killing their father.
Under the terms of the agreement, Lambermont would enter a plea of guilty to battery with a deadly weapon, a level 5 felony and would 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 judge told Lambermont that as of Tuesday, he had been in jail for 260 days. Instead of the two-for-one good time credit, under the new sentencing guidelines in Indiana, Lambermont is required to serve 75 percent of his jail time leaving him a little over a week left to serve.
In addition court fees and costs, the judge assessed a fee of $2,000 that Lambermont must pay for costs incurred by the county.
Although it was not included in the plea agreement, Lambermont's attorney told the court Lambermont would pay for the expenses of counseling for the victim's children and to pay for 75 percent of the victim's funeral cost.
On September 4, 2014, when Lambermont was charged with felony murder. According to a probable cause affidavit police alleged that Lambermont shot Fulford four times with a Smith & Wesson .380 semi-automatic pistol. 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, Fulford suffered four gunshot wounds, one to the head, two to the chest and one to the right arm. The chest wounds and the head wound could both be considered lethal.
The shooting occurred late on Labor Day, in the front yard of a residence on North Ridge Road near the southwest edge of Jasonville where Derek Fulford lived with his father and step-mother, Wayne and Suzanne Fulford. According to police, Fulford and Lambermont were involved in a family feud and police had responded to another family incident earlier over the Labor Day weekend. Fulford was Lambermont's brother-in-law - Lambermont was married to Fulford's sister.
Another incident had taken place following a family wedding on that Saturday - a fight between Fulford and other family members. One witness said it was believed Fulford started the fight. Lambermont explained one man had received injuries during the fight and he (Lambermont) had called the police. Police responded but no arrests were made.
Prior to the shooting incident, on Monday Fulford had sent a group text message to several family members in which he disparaged Lambermont.
Later on Monday, Lambermont and his wife (Fulford's sister) went to the Fulford residence. Fulford was inside when they entered the house. Witnesses told police there was a lot of screaming and yelling. Lambermont left the house, and was trying to get away from Fulford, but Fulford followed him out, jumping off the porch and into the yard.
Lambermont alleges he was afraid of Fulford and knew if Fulford hit him like Lambermont had seen him hit other people, he would be paralyzed or dead.
According to the affidavit filed in the case, witness testimony was similar regarding the basic scenario of what took place, with some variations, but all corroborated that Fulford had not hit or touched Lambermont and Fulford was unarmed when he was shot.
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