Matt Kelty is treated as a criminal

There was a great deal of excitement surrounding the courthouse. As I moved through the court building, folks were busy and activities were occurring in many of the court rooms. Even the snack room where you can get a cheap snack was off limited, with a sign warning do not enter, jury members only. What was all the buzz? I didn't have a clue until I discovered that Matt Kelty had been indicted under nine counts. Nine counts more than enough for a media frenzy to capture the shot of Kelty being driven off and taken to jail, in handcuffs, even.

Kelty appears to be defiance in this picture even while in the mist of the realization that changing the political landscape in Fort Wayne is like running the risk of almost any young African-American attempting to avoid arrest by police who simply charge them for being in the wrong place at the wrong time or hanging with the wrong people. It is full time endeavor.

First rule in understanding the criminal justice system is that coercive police power is a cooperative team sport. The Grand Jury played the part of the police in getting Kelty arrested. Enough evidences to charge Kelty as a criminal was the team's goal. Kelty life will never be the same.




The grand jury determined that there was enough evidence to charge Matt Kelty with nine felonies and 2 misdemeanors. Advance Indiana writes, "Class D felony charges for perjury pertaining to false testimony Kelty gave concerning the Zogby poll, which Fred Rost and Don Willis financed but Kelty claimed was only financed by Fred Rost. Kelty originally tried to claim his campaign had nothing to do with the poll. He later relented to pressure and disclosed it as an in-kind contribution from Rost. Sigler maintains Don Willis also helped finance the poll. Five of the counts against Kelty were for filing fraudulent campaign finance reports, while the two misdemeanor charges involved the commingling of personal and campaign funds."

An initial hearing will be scheduled in the court of Fran Gull within twenty-four to seventy two hours.

Don Sigler a retired prosecutor was the senior judge assigned to the grand jury and his son D.J. Sigler a prosecutor was deputized. The Senior Sigler appeared to be satisfied with the indictment and was not so much concerned with the sentencing of Matt Kelty if found guilty in a court of law.

D.J. Sigler suggested that each felony could carry a sentence from six months to three years. Indiana law is more forgiving of first offenders. It is possible under Indiana law that Matt Kelty could "cop a plea". A plea agreement is contractual in nature and binds the defendant, the State, and the trial court. The trial court is given the discretion to accept or reject a plea agreement, and if it accepts the agreement, it is strictly bound to honor it. If Kelty "cops a plea" than all the felonies could be reduced to a misdemeanor

Or Kelty could be eligible for alternative sentencing based on aggravating and mitigating circumstances since it is his first offense. When a defendant is convicted of a Class D felony, the trial court may, under certain conditions, choose to enter a judgment of conviction of a Class A misdemeanor instead. Ind. Code § 35-50-2-7(b).


Discretion.

Sentencing decisions rest within the discretion of the trial court and are reviewed on appeal only for an abuse of discretion.

Punishment is the outcome.