Jurors returned a split verdict Friday night against Brandon Robinson, convicting him of the five drunk driving offenses and acquitting him of the three reckless homicide charges in the June 12 deaths of three area youths.

After nearly six hours of deliberation, jurors found Robinson guilty on three counts of driving while intoxicated causing death and two counts of driving while intoxicated causing serious bodily injury. They found him not guilty of three counts of reckless homicide.

An eerie hush fell over the courtroom as Kosciusko Superior Court III Judge Joe Sutton prepared to read the verdicts. A couple of quiet gasps were uttered from both sides as the first guilty verdict was revealed and several members of Robinson's family were crying by the time the final verdict was read. Robinson's mother held her son and sobbed with him as the courtroom began to empty.

Sentencing for Robinson, 18, of Warsaw, is set for 1 p.m. Dec. 17.

Deputy prosecutor Dan Nelson said he will ask that the terms given be served consecutively instead of concurrently: "They are three different people. Each had a life. Each had value. Eight years is not a lot for the taking of another life."

Robinson faces a maximum of eight years in prison on each of the three Class C felony driving while intoxicated causing death charges and up to three years on each of the Class D felony driving while intoxicated causing serious bodily injury. Fines for all five counts carry a maximum of $10,000 each.

The charges resulted after a June 12 accident at the intersection of Zimmer and Crystal Lake roads in which three people died and two suffered serious injuries. Aaron Hatfield, 17, and Tyler Bartley, 12, both of Claypool, and Heather Florey, 16, of Mentone, died and Tiffany Bartley, 13, and Monica Hatfield, 1, were both critically injured.

Defense attorney Charles A. Davis Jr. said an appeal is planned on the convictions. He said he believes several errors were made during the 4-day trial and will wait to see how the Appellate Court views those. Among the errors he will note in the appeal is Sutton's refusal to delay the trial after he signed on as attorney eight days ago. Robinson fired his previous attorney on Nov. 10.

Davis said he also was concerned with the court allowing prosecution testimony and evidence in regard to the use of marijuana and possession of paraphernalia by Robinson, yet refusing to allow the defense to present the negative results of Robinson's drug test into evidence.

"I believe some major mistakes were made," Davis said. "It's not over yet. We're far from done."

While Nelson was grateful for the resulting guilty verdicts, he said, "There are no winners or losers here. It's a tragedy all around."

"I had faith in the jury system and they made the appropriate decision based on the evidence presented," Nelson said.

In returning the verdicts Friday, the jury answered affirmatively one of two questions Davis posed to jurors: "Was Brandon Robinson intoxicated on June 12, 1998, when the accident happened at the intersection and was his action reckless?"

"You can hate Brandon Robinson when this is over with, you can want to hit him," Davis told jurors during his closing statements. "That's fine, but that is not the issue ... Please make your decision only on the evidence, not on your feelings, not on your emotions."

Jurors must have heeded Nelson's reiterations of evidence of impairment as indications of intoxication despite the fact that Robinson's blood-alcohol content was less than the .10 percent considered legally drunk in Indiana. Robinson's blood test resulted in an alcohol content of .099 percent.

Nelson stressed to the jury during closing statements that Robinson's actions prior to the accident, including swerving around another vehicle and making angry statements also were evidence of his impairment.

"Would he have said that, would he have done that if he had not been impaired, if he had not been feeling invincible?" Nelson asked. "Mr. Davis said there was no evidence of impairment in Brandon Robinson's driving. I wonder what Aaron Hatfield, Tyler Bartley and Heather Florey would say to that if they could speak right now."

Prior to sentencing, one representative for each of the five victims will be allowed to speak before Sutton passes sentence.

Robinson was released from custody with orders to report to the probation department within five days to help in the preparation of a pre-sentence report and to appear at sentencing. He has been out on bond since shortly after his arrest. [[In-content Ad]]