Appeals court affirms ruling in Hoosier Park robbery

Rebecca Bibbs, The Herald Bulletin, Anderson, Ind.
·2 min read

Apr. 1—INDIANAPOLIS — The Indiana Court of Appeals has upheld a Madison County judge's decision to revoke participation in a community corrections program for a man who tried to rob two women at Hoosier Park Racing and Casino.

As a result, Quinton Delany Jackson will serve the remaining 916 days of his sentence in prison.

Attorneys for Jackson argued the evidence did not support Madison County Circuit Court 1 Judge Angela Warner-Sims' decision and that sending him to prison was an abuse of discretion.

"A defendant is not entitled to serve a sentence in a probation program; rather, such placement is a matter of grace and a conditional liberty that is a favor, not a right," Judge James S. Kirsch wrote in the opinion filed March 17.

Jackson and another person held two women at gunpoint and demanded money on Oct. 27, 2015, in the parking lot of the casino in Anderson, according to the opinion. That same day, he was arrested and charged with Level 3 felony robbery.

Jackson in March 2017 entered a plea agreement that capped his time in prison at five years. A month later, Warner-Sims sentenced him to 10 years, with three suspended and two to be served in the Continuum of Sanctions program.

Jackson was accepted into the program in January 2020. However, by March, the Madison County Prosecutor's Office had filed a petition to revoke his privileges, alleging he had tested positive for cannabinoids, had six instances of unaccounted time away from the work release facility and was behind on obligations to the Madison County Community Justice Center.

In May, Warner-Sims ruled that Jackson had violated the terms of his work release. Initially, she revoked 18 days to the Madison County Detention Center, 365 days suspended to Community of Sanctions and concluded he had 916 days left to serve in community corrections followed by two years' probation.

Jackson was allowed to return to work release at the end of May, but by the end of July, prosecutors alleged he again had unaccounted time on several days that month. In one instance, he returned to the work release facility nearly two hours late.

In addition, the appeals opinion said, Jackson was "under the influence" of an unidentified substance on July 28 and owed $2,185 to the community justice center.

According to the opinion, the trial court was obligated to prove only one of the violations to legitimately revoke Jackson's privileges. He never challenged prosecutors' assertions regarding the unaccounted time, thereby conceding he had violated the terms of his sentence, it noted.

"In considering these acknowledged violations, the trial court correctly found that Jackson violated the terms of COS," the appeals court said.

Follow Rebecca R. Bibbs on Twitter at @RebeccaB_THB, or call 765-640-4883.