By Liz Shepherd
InkFreeNews

Terry Michael Hall

WARSAW — The Indiana Court of Appeals has asked the Kosciusko County courts to re-sentence Terry Michael Hall after he threatened several people and fired a gun inside a residence.

During a two-day jury trial in April 2023, Hall, 54, was found guilty on two counts of intimidation with a deadly weapon, both level 5 felonies; possession of methamphetamine and criminal recklessness with a deadly weapon, both level 6 felonies; resisting law enforcement, a class A misdemeanor; and possession of paraphernalia, a class C misdemeanor.

The jury found him not guilty of criminal confinement with a deadly weapon and an additional intimidation with a deadly weapon charge.

In May 2023, Kosciusko Superior Court One Judge Karin McGrath sentenced Hall to five years at the Indiana Department of Correction on each intimidation count. Hall also received one-year DOC sentences for his meth possession, criminal recklessness, and resisting law enforcement charges. For paraphernalia possession, he received a two-month DOC sentence. Both of Hall’s intimidation charges are being served back-to-back, with the remaining counts to be served at the same time as the intimidation charges.

In total, Hall received a 10-year prison sentence, which he is currently serving at the Indiana State Prison Minimum Unit. His projected release date is Nov. 1, 2029.

In his appellant’s brief filed in September 2023, Hall and his counsel argued the trial court erred in giving Hall a 10-year prison sentence. The brief stated the sentence was in violation of Indiana Code 35-50-1-2.

Hall’s counsel also argued the intimidation charges are defined as crimes of violence under state law and occurred within 90 minutes of each other, constituting a single episode of criminal conduct as defined under the aforementioned code.

“As such, the maximum aggregated sentence the trial court could have imposed was seven years executed,” read the brief.

The brief listed Fix v. State as an example of a case where the Indiana Supreme Court remanded a trial court’s consecutive sentences after discovering the defendant’s convictions were a single episode of criminal conduct.

“Mr. Hall’s crime of intimidating (the victim) with a deadly weapon and intimidating the officers with a deadly weapon all occurred within a short period of time, in the same location, under the same circumstances, and for the same reasons,” read the brief.

In an appellee’s brief filed by the state of Indiana in October 2023, the state argued Hall’s offenses were not simultaneous since there was a 90-minute break between the crimes. Because of this break, the state said the offenses were separate episodes of criminal conduct and that the trial court did not err in its sentence.

“The trial court properly imposed consecutive sentences in this case because each act of intimidation by (Hall) constituted a distinct episode of criminal conduct,” read the appellee’s brief. “In addition, (Hall’s) offenses involved two separate and unrelated victims. Whether the counts involve one or multiple victims is highly relevant to the decision to impose consecutive sentences.”

The state further argued that Hall’s counsel’s reliance on Fix v. State was misplaced. In that case, the state’s Supreme Court ruled the defendant’s robbery and theft offenses were a single episode of crime.

“However, here, (Hall’s) intimidation of (one victim) was not a continuation of his first offense and his crime against (one victim) was complete for almost an hour before he committed a crime against (another victim),” read the brief. “(Hall’s) acts of intimidation were distinct episodes of criminal conduct and his 10-year-aggregate sentence is therefore proper pursuant to the consecutive sentencing statute.”

The state requested the Court of Appeals affirm Hall’s sentence.

The Court of Appeals agreed with Hall and his counsel.

“Our review of the record reveals that Hall committed both intimidation offenses on the same night at the same location,” read the court’s memorandum decision. “It is difficult to account for one charge without referring to the details of the other charge. Thus, the two convictions were clearly connected in both place and circumstances. Based upon our fact-intensive inquiry, we conclude that Hall’s two intimidation convictions amounted to a single episode of criminal conduct.”

Hall will be re-sentenced in Kosciusko Superior Court One at 10 a.m. April 18.

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