Guilty Verdicts In Armed Robbery Trial

July 28, 2016 at 4:25 p.m.

By JEN GIBSON, Times-Union Staff Writer-

Three sets of deliberations led to three guilty verdicts for the same man Wednesday afternoon in Kosciusko Circuit Court.

Once a 12-person jury found Richard A. Mitchell, 45, of Fort Wayne, guilty of armed robbery, they had to decide if Mitchell was guilty of being a serious violent felon in possession of a handgun. After that decision, the jury heard more information and determined Mitchell was a habitual felony offender.

After three days of testimony from 19 witnesses, the jury was sent to decide if they believed Mitchell robbed Stimmelators Gentlemen's Club with a gun Aug. 12, 2003. After about three hours of deliberation, the jury returned with a guilty verdict around 1:22 p.m.

As Mitchell's wife sobbed quietly in the back of the courtroom, Judge Rex Reed informed jury members that phase two of the trial was ready to begin.

Judge Reed explained that in Indiana, a person's prior convictions may not be revealed to the jury during a trial. The jury was then told that Mitchell was a convicted felon.

In 1987, Mitchell was convicted of arson, a Class B felony, in Whitley County for setting fire to then-prosecutor John Whiteleather Jr.'s law office. Mitchell was sentenced to 20 years in prison for that crime. Whiteleather testified in front of the jury, telling them Mitchell set the fire Jan. 8, 1987, was convicted of the crime Oct. 8, 1987, and sentenced Nov. 6, 1987.

While the jury was deliberating, Mitchell was allowed to speak with his wife. After talking to her and giving her a hug and a kiss, Mitchell told his attorney he wanted to waive his right to witness the remainder of the trial to return to the jail. The request was relayed to Judge Reed, who confirmed Mitchell's decision and allowed a tearful Mitchell to return to jail at 2:54 p.m.

At 3 p.m., after about half an hour of deliberation, the jury returned another guilty verdict.

But the jury was not finished yet.

After finding Mitchell guilty of being a serious violent felon in possession of a handgun, members of the jury had to decide if Mitchell was a habitual felony offender.

Again, Judge Reed explained the state's requirements for the decision before the jury heard more information about Mitchell's criminal history.

Prosecutor Steven Hearn presented evidence to the jury about Mitchell's two felony convictions for Class D felony theft. In July 1981, Mitchell was convicted of Class D felony theft in Kosciusko County and spent two years in prison for the offense.

Then the jury was informed of Mitchell's second felony conviction. In December 1982, Mitchell was convicted in Whitley County for Class D felony theft and sentenced to two more years in prison.

"Richard Mitchell started his life of crime at about 21 years of age," said Hearn. "This is a classic case of a habitual offender. ... He has led a life of crime his entire life."

After just six minutes of deliberation, the jury returned to the courtroom and agreed with Hearn, deeming Mitchell a habitual felony offender.

Mitchell will return to Judge Reed's courtroom March 16 at 11 a.m. to receive his sentence. [[In-content Ad]]

Three sets of deliberations led to three guilty verdicts for the same man Wednesday afternoon in Kosciusko Circuit Court.

Once a 12-person jury found Richard A. Mitchell, 45, of Fort Wayne, guilty of armed robbery, they had to decide if Mitchell was guilty of being a serious violent felon in possession of a handgun. After that decision, the jury heard more information and determined Mitchell was a habitual felony offender.

After three days of testimony from 19 witnesses, the jury was sent to decide if they believed Mitchell robbed Stimmelators Gentlemen's Club with a gun Aug. 12, 2003. After about three hours of deliberation, the jury returned with a guilty verdict around 1:22 p.m.

As Mitchell's wife sobbed quietly in the back of the courtroom, Judge Rex Reed informed jury members that phase two of the trial was ready to begin.

Judge Reed explained that in Indiana, a person's prior convictions may not be revealed to the jury during a trial. The jury was then told that Mitchell was a convicted felon.

In 1987, Mitchell was convicted of arson, a Class B felony, in Whitley County for setting fire to then-prosecutor John Whiteleather Jr.'s law office. Mitchell was sentenced to 20 years in prison for that crime. Whiteleather testified in front of the jury, telling them Mitchell set the fire Jan. 8, 1987, was convicted of the crime Oct. 8, 1987, and sentenced Nov. 6, 1987.

While the jury was deliberating, Mitchell was allowed to speak with his wife. After talking to her and giving her a hug and a kiss, Mitchell told his attorney he wanted to waive his right to witness the remainder of the trial to return to the jail. The request was relayed to Judge Reed, who confirmed Mitchell's decision and allowed a tearful Mitchell to return to jail at 2:54 p.m.

At 3 p.m., after about half an hour of deliberation, the jury returned another guilty verdict.

But the jury was not finished yet.

After finding Mitchell guilty of being a serious violent felon in possession of a handgun, members of the jury had to decide if Mitchell was a habitual felony offender.

Again, Judge Reed explained the state's requirements for the decision before the jury heard more information about Mitchell's criminal history.

Prosecutor Steven Hearn presented evidence to the jury about Mitchell's two felony convictions for Class D felony theft. In July 1981, Mitchell was convicted of Class D felony theft in Kosciusko County and spent two years in prison for the offense.

Then the jury was informed of Mitchell's second felony conviction. In December 1982, Mitchell was convicted in Whitley County for Class D felony theft and sentenced to two more years in prison.

"Richard Mitchell started his life of crime at about 21 years of age," said Hearn. "This is a classic case of a habitual offender. ... He has led a life of crime his entire life."

After just six minutes of deliberation, the jury returned to the courtroom and agreed with Hearn, deeming Mitchell a habitual felony offender.

Mitchell will return to Judge Reed's courtroom March 16 at 11 a.m. to receive his sentence. [[In-content Ad]]

Have a news tip? Email [email protected] or Call/Text 360-922-3092

e-Edition


e-edition

Sign up


for our email newsletters

Weekly Top Stories

Sign up to get our top stories delivered to your inbox every Sunday

Daily Updates & Breaking News Alerts

Sign up to get our daily updates and breaking news alerts delivered to your inbox daily

Latest Stories


Chip Shots: Wrong Side Of The Bed Sunday
I was a member of Toastmasters International, a speaking and communication club affording several opportunities to improve the aforementioned skills along with improving brevity.

Warsaw Board of Zoning
Bowen Center - Group Home

Warsaw Board of Zoning
Bowen Center - Offices

Notice Of Guardianship
GU-48 Christian

Indiana Lien
Mechanics Lien