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Justin C. Hayes, 31, of Rockport was sentenced on Monday in the Spencer Circuit Court after entering a guilty but mentally ill plea on January 5 to Aggravated Battery, a Level 3 Felony, and also admitting to his status as an habitual offender under Indiana law.   The charges stemmed from a report to Spencer County dispatchers of a stabbing in the early morning hours of Christmas 2015 at the Sonshine Apartments near Reo.

The victim was transported to an Owensboro hospital and treated for multiple stab wounds to the head, neck and back and eventually recovered from his serious injuries.  According to the victim’s statement to police, he heard what he thought was arguing between Hayse and a female coming from Hayse’s neighboring apartment. He told authorities he knew Hayse had a wife or girlfriend and children and he decided to go knock on the apartment door out of concern for their safety.  He stated he knocked on the door and saw Hayse approach an entry area.  When he opened the door, the victim said Hayse immediately began hitting him in the head and he eventually saw that Hayse had a knife and was actually stabbing him.  According to the victim, he was bleeding and managed to separate himself from Hayse and fled back to his own apartment and locked the door.

Hayes was later located at a gas station convenience store in Reo where he was arrested and then booked into the Spencer County Law Enforcement Center.   Hayse was charged with Aggravated Battery, a Level 3 Felony, Criminal Recklessness, a Level 6 Felony, and with being an habitual offender.  Hayse has been held in custody at the Spencer County Law Enforcement Center since his arrest on bond of $200,000 cash.

According to Spencer County Prosecuting Attorney, Dan Wilkinson, Hayse entered into a plea agreement in which he entered a plea of guilty but mentally ill with the sentence left to the discretion of the Court except that the maximum sentence was capped at 22 years and the maximum prison sentence was capped at 15 years.  Following the January 5 plea hearing, the Court ordered a presentence investigation and set a sentencing hearing for Friday, February 23.

The Court held the sentencing hearing as scheduled on Friday during which Prosecutor Wilkinson recommended a sentence of 22 years with 15 years executed at the Indiana Department of Correction.  After hearing from witnesses presented by the defense and the statements and recommendations of both parties, the Court took the matter under advisement and pronounced the sentence in open court on Monday afternoon.  Spencer Circuit Court Judge Jon Dartt sentenced Hayse to a term of 20 years with 10 years to be served at the Indiana Department of Correction.  The Defendant is to be sent initially to the New Castle Mental Health Facility within the Indiana Department of Correction.  The Court stated during the sentence pronouncement that it might consider a future modification of the sentence after the Defendant has served 50% of the sentence taking into consideration DOC progress reports, recommendations from mental health professionals, and the wishes of the victim.

Spencer County Prosecutor Dan Wilkinson said, “I found the sentence handed down by the Court fair and reasonable under the circumstances.  In this case the Court had to consider mental health factors that partially contributed to the offense and balance those with the seriousness of the offense that so easily could have resulted in the death of the victim who fortunately recovered from his injuries.  Even so, the victim in this case specifically requested that any sentence include provisions for mental health treatment which the terms of the sentence are intended to address.  The Defendant here had prior convictions that included felony criminal recklessness with a deadly weapon and felony battery resulting in bodily injury to a pregnant woman as well as felony operating a vehicle while intoxicated all of which formed the basis for the habitual offender sentence enhancement.  I believe the safety of the community required a significant term of imprisonment in this case, however the guilty but mentally ill plea agreement was an important attempt to address underlying issues.

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