Jackson Receives Five-Year Reduction Of His Sentence
ELKHART — “It’s not everything you wanted,” Special Judge Stephen Bowers, Elkhart Superior Court 2, told Alexander Jackson Thursday, Nov. 29. “The step down is more pronounced as before… .”
Jackson, 27, Syracuse, was before Bowers for a hearing on a sentence modification with the courtroom nearly packed with family and friends showing moral support. Instead of releasing Jackson, who has served 17 months of his 13 year sentence on this case at the Indiana Department of Corrections, Bowers reduced his time of incarceration by five years.
Jackson was sentenced June 30, 2017, to a total of 13 years at IDOC and five years probation on charges of attempted aggravated battery, a level 3 felony, and battery to a law enforcement officer, a level 5 felony. A charge of resisting law enforcement was merged with the battery to law enforcement charge and his sentence for criminal recklessness of 3 ½ years was ordered to run concurrent to the jail time already ordered.
Bowers noted this was a difficult problem because of the crimes involved. He recognized the change in Jackson’s behavior and his continual progress. Bowers noted while 17 months seems like a very long time for Jackson “it is a relatively short period.” Bowers said he needed to balance that act while protecting the safety of the community and the integrity of the system.
Additionally Bowers recognized that Jackson understood the seriousness of his actions and wants to do the right thing, however, he noted because the crimes related to alcohol Jackson needed to see fully the reality. “You can have all the intentions in the world, but that may not last very long … alcohol is a drug and in some ways more insidious than drugs because it is more acceptable.” Bowers told Jackson he wanted him to address the alcohol issue more fully.
“Thank you,” Jackson replied to the judge, “I won’t let you down.”
The sentence modification ruling came after almost an hour of testimony from his parents, Brad Jackson and Tracy Jackson; stepmother, Lynette Jackson; a mentor, Roger Korenstra; and former employers, Mark Myers and Steve Schein. All witnesses testified to the change they have seen in Jackson since his incarceration, the humility instead of pride, his growing relationship with God and a change in attitude. These changes have been seen through monthly visits, telephone conversations and letters.
Jackson also testified to what has happened since his sentencing. “I was able to notice a transformation in my life. When things are taken away you see what matters … taken a step back to see where I went wrong, make adjustments so it doesn’t happen again.” He testified to how he spends his days, the programs he took, including Bible study, being a part of the Plus Program and preparing sermons he would deliver Sunday evenings to other inmates. He also spoke about mail correspondence courses. He noted he has done tons of reading – devotional books, the Bible, a book in business and a novel. His courses have been on fatherhood, substance abuse, anger management, depression, stress, grief and loss and the Bible.
Jackson testified he has learned what the real priorities are in his life, how far off track he was and how he was living recklessly. “I learned to see where my stress trigger is and to get to the root and see things that trigger (it).” He noted he learned about his pride issue. “It has humbled me … have good people, not negative around me … rely on family and friends and mentors.”
Tom Leatherman, attorney for Jackson, noted his client was asking the court for a big leap of faith. “He’s realized what he’s done …,” and noted how Jackson wanted to be there to make a positive influence on the lives of his two children.
The prosecution recognized the change in Jackson and of him deserving a second chance. “What concerns the state in this … the tests on the outside … some sort of punishment, a balance be stricken.” She noted testimony of a psychologist at sentencing noting his potential for abuse of alcohol, and the fact Jackson was very good at hiding his alcoholism. She noted through a plea his charges were brought down from a level 1 felony to a level 3. “There was thought put into this,” she said, referring to the plea agreement. “Safety is the most important thing I am concerned about … great effort while incarcerated, doesn’t ensure the community will be safe… modify after 17 months of 13 years depreciates the seriousness of the case.”
The charges against Jackson were filed after a July 27, 2016, case where he chased a vehicle for 10 miles on SR 13, ramming the vehicle multiple times and shot at the vehicle. Jackson also rammed the vehicle of Kosciusko County Sheriff’s Deputy Don McCune as he attempted to stop Jackson. Jackson was shot by the officer.