Court upholds sentence for inmate who battered guard

Carson Gerber, Kokomo Tribune, Ind.
·2 min read

May 25—BUNKER HILL — The Indiana Court of Appeals has upheld a four-year sentence for an inmate at Miami Correctional Facility who repeatedly hit a corrections officer during a lockdown.

Octavius Morris pled guilty to a Level 5 felony charge of battery resulting in bodily injury to a public-safety official after he attacked a guard on Jan. 5, 2019.

According to court documents, the prison was on lockdown status when Morris attempted to access a computer kiosk to see a photograph of his daughter. Morris testified that he had wanted to view the photo because it was a "coping skill" he used in periods of mental distress.

However, use of the kiosk was restricted due to the lockdown. A corrections officer told Morris multiple times to stop using the kiosk and return to his cell, but Morris refused.

Morris then struck the officer repeatedly, causing him to suffer bruising and swelling.

Morris pled guilty and was sentenced to four years, which is one year over the advisory sentence for a Level 5 felony.

He then appealed the sentencing, arguing that his sentence was inappropriate in light of the nature of his offense and his character. Morris also said the court was inappropriately punishing him for his mental-health issues.

The appeals court Monday rejected that argument, saying the trial court acknowledged that Morris' "mental health conditions" were a mitigating circumstance.

The trial court said a contributing factor to Morris' sentence was his four prior felony convictions and three prior misdemeanor convictions, as well. The court also noted he hit the officer multiple times, which caused bruising and swelling.

Morris also received an additional charge of Level 6 battery resulting in bodily injury while awaiting sentencing, evidence that "he had not been deterred from unlawful conduct," the appeals court said in its ruling.

"In light of the nature of his offense and his character, Morris has failed to persuade us that his four-year sentence is inappropriately harsh," the court said.

Carson Gerber can be reached at 765-854-6739, carson.gerber@kokomotribune.com or on Twitter @carsongerber1.