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As about 70 onlookers awaited Judge Joe Sutton's declaration of sentencing for Dexter Lee Anglin, 18, Thursday, the judge unexpectedly recused himself from the case.
After telling the court of a perceived conflict of interest, Sutton allowed the attorneys and Anglin the opportunity to object to Sutton entering judgment. Anglin's attorney, J. Bradley Voelz, did object and Sutton quit the case.
Sutton, Kosciusko Superior Court 3 judge, told the court he feels he has ethical concerns regarding the case because his daughter plays on a volleyball team with two of Tara Likens' cousins.
The link between Sutton's family and the Likens family could be enough, Sutton said, to either create or create the appearance of a lack of objectivity regarding the case.
"The last thing I want when we leave this courtroom is for one side here to think they didn't get a fair shake," Sutton told the court, while explaining his ethical conflict.
Voelz responded to Sutton's concerns by objecting, saying, "Once the court discovered you were struggling with your objectivity, it made me think you might not be the one to pass judgment."
During his objection, Voelz also commended Sutton on his fairness in court and thanked him for bringing the possible conflict to light before sentencing.
"We believe you are an extremely fair judge, and we appreciate your disclosure," Voelz said.
Sutton responded by recusing himself.
"The fact that I'm wrestling with it is a good indicator," Sutton said. "The last thing I need is for this to be perceived as a kangaroo court where the rules don't apply."
Sutton said he did not realize the connection would be of consequence until he began reading victim impact letters from both Likens' and Anglin's families.
Anglin is awaiting sentencing for the May 26 car accident death of Tara Likens. He was the car's driver and tested positive for marijuana at the time of the crash. Four other passengers also were injured.
Anglin pleaded guilty Oct. 23 to driving while intoxicated causing death. Sentencing is postponed until another judge is appointed to the case. Until then, Anglin is being held in Kosciusko County Jail.
Attorneys for both parties have until Dec. 18 to come to agreement on a current county elected judge to determine sentencing. If they cannot reach agreement, Sutton will make an appointment.
