Ex-Ball State student gets 4 years for armed robbery, recklessness
MUNCIE, Ind. — At a Tuesday sentencing hearing for a Muncie man convicted of armed robbery and criminal recklessness, the difficulty some students have adjusting to college life was a recurring theme.
Defendant Gabriel V, Austin, now 22, was a straight-A student as a high school senior, earning scholarships that allowed him to attend Ball State University,
Austin and his attorney, Kelly Bryan, said the Chicago native did not adjust well to a life as a BSU student.
In October 2019, a fellow student reported, Austin raped her in her dorm room after they reportedly became intoxicated at an off-campus party.
In January 2020, Austin was accused of pointing a handgun at a young Muncie woman when he took her cellphone.
In April 2021, Austin and another man allegedly entered a Muncie woman's northeastside apartment without permission and brandished firearms.
More:Police: Muncie man sexually assaulted Ball State student in dorm room
Austin in January pleaded guilty to armed robbery, stemming from the 2020 incident, and criminal recklessness, in connection with the 2021 allegations.
Under the terms of a plea agreement, four other counts pending against the Muncie man — rape, theft, burglary and carrying a handgun without a permit — were dismissed.
Delaware Circuit Court 5 Judge Thomas Cannon Jr. on Tuesday accepted the plea deal, and sentenced Austin — who has already served more than 600 days in jail — to four years in prison, followed by more than five years on probation.
Bryan maintained his client's academic performance in high school showed Austin has "a lot of potential" and suggested he be sentenced to home detention.
"I think what happened to him was really unfortunate," said the defense attorney, who recalled during his own years as a Ball State student, "some freshmen... did not respond well."
Deputy Prosecutor Doug Mawhorr said he was also aware of incoming college students who had difficulties, but "they didn't go out and commit armed robbery."
Mawhorr suggested Austin receive an eight-year executed sentence, the maximum allowed under the terms of the plea agreement.
Austin offered an apology for his actions.
"I am not a bad person," the defendant said. "I made mistakes. All young people make mistakes."
Judge Cannon said Austin was a "smart guy" with "unlimited potential," but said the use of firearms in two of the incidents leading to his arrests was "disturbing."
Bryan and Austin maintained the weapon used in the 2020 robbery was a BB-gun.
Austin's girlfriend testified that upon his release, the defendant would live with her and their young son in Muncie.
Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: Ex-Ball State student gets 4 years for armed robbery, recklessness
