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Because victims were not notified properly of a sentence modification hearing for Brandon Robinson, Kosciusko Superior Court III Judge Joe Sutton scheduled another hearing for May 4.
A state statute requires victims to be notified of sentence modification hearings.
Sutton entered the courtroom at 10:32 a.m. today and informed those in the courtroom of the statute.
Robinson's attorney Michael Miner asked for a brief recess to review the statute, and when court resumed at 10:43 a.m., Sutton made his ruling.
"Based on the lack of notification of the victims by the prosecutor's office and victim's assistance, I must continue the hearing today," Sutton said.
About 30 people, including members of Robinson's family and members of the victims' families, were present in the courtroom when Sutton announced his decision.
In 1998, Robinson was convicted of three counts of driving while intoxicated causing death (a Class C felony) and two counts of driving while intoxicated causing injury. He was sentenced to 28 years in prison in 1998
Robinson, who was 18 at the time of the accident, ran a stop sign at the intersection of Zimmer and Crystal Lake roads, killing Aaron Hatfield, 17, Heather Florey, 16, and Tyler Bartley, 12. Two others were injured in the crash.
Robinson was drinking prior to the accident.
Robinson's request for a sentence modification was denied in April 2004.
