James Michael Duncan Jr.

KOSCIUSKO — A Marion man was sentenced Monday, Oct. 22, in the Kosciusko Circuit Court on charges related to home improvement fraud.

When the scheduled plea sentencing began this morning, James Michael Duncan Jr., 41, 916 E. 29th St., Marion, requested, through his attorney Matt Buehler, that he be allowed to file a motion to withdraw a plea of guilty.

Duncan, who was formerly represented by Attorney Joseph Sobek, stated he was not aware of what he was signing when he signed the original plea agreement. 

“I really feel like I would rather take this to trial,” said Duncan. “I don’t feel like I’m guilty of this crime.”

According to the affidavit of probable cause, on June 2, a male came to the Kosciusko County Sheriff’s Department to report a home improvement fraud. The male stated that he and Duncan had made an agreement for Duncan to trim trees at the male’s property in exchange for money.

The male stated that Duncan was given a check on May 2, as a deposit for the work Duncan had promised to do. The check was reportedly cashed, but Duncan failed to return to do the work. The male stated he had not been able to make contact with Duncan since that time and did not believe Duncan intended to return to perform the work.

Officers spoke with a female, who provided a copy of the signed proposal for the tree trimming. The proposal was signed by the female and by Duncan.

“You said you understood the terms of the plea agreement,” Prosecuting Attorney Dan Hampton said to Duncan in court today. “I think we should proceed with sentencing.” 

“I mean, seriously, you were here in open court. We went through this in great detail,” said Judge Michael Reed. “Clearly you just changed your mind.”

Reed announced that the sentencing would take place as scheduled but called for a short break in the proceedings to allow Buehler additional time to review the plea agreement with Duncan.

Duncan pleaded guilty to theft and home improvement, both level 6 felonies. For each charge, he received a sentence of one year in the Kosciusko County Jail. The sentences were ordered to be served consecutively, meaning one after the other. Reed stated he would have no objection to Duncan serving the sentences through work release if he is qualified and remains qualified. 

“Nobody ever wanted to put you in jail, but you’ve left the court no choice,” Reed said to Duncan. “This stuff has to stop.”

Duncan was ordered to pay restitution to several individuals, for a combined total of $5,150. Jail time credit will be determined at a later time, as there was some confusion regarding the appropriate amount.