Muncie man who killed Yorktown teen fails in bid for sentence modification

MUNCIE, Ind. — Nearly two decades after he fatally shot a fellow Delaware County teenager, Muncie native Jermaine Drake has failed in a bid to win a sentence reduction.

Drake, now 38, was convicted of murder by a Delaware Circuit Court 2 jury in March 2006. He was later sentenced to 55 years in prison by then-Judge Richard Dailey.

Drake had been charged in the October 2004 slaying of 18-year-old Christopher Masiongale, of Yorktown, in front of a Nebo Road home. At the sentencing hearing, Dailey called the killing "an execution."

Testimony during the March 2006 trial reflected that Drake, 18 at the time of the slaying, believed an in-car DVD player Masiongale was selling had been stolen from the defendant’s car.

Drake surrendered to police in San Diego, Calif., several days after the killing.

More: New Castle youth, 16, sentenced to 8 years for role in fatal shooting

In a recent petition for a sentence modification, Drake's attorney — James Edgar of Indianapolis — asked that his client be placed on a work-release program under the supervision of Delaware County Corrections.

Edgar noted significant changes in Drake's behavior since he committed the homicide at age 18.

"According to the (U.S.) Department of Justice, a person's age is a powerful factor in deterring crime," the attorney wrote. "Even those individuals who commit crimes at the highest rates begin to change their criminal behavior as they age. That date show a steep decline at about age 35."

While in prison, the attorney said, his client has "established Drake Ministries, where he mentors other inmates and peers to help them with finding religion and a new perspective on their own lives."

Drake has also written and published "a multitude of books, plays, short stories and a daily religious devotional," Edgar wrote.

The petition also included a statement from Drake, who said Masiongale's death was "a day that I will always be remorseful and sorry for, and I wish it never took place."

Drake also said he "thought I was grown and a man (in 2004), but I was a child doing childish things."

He said he had "learned to control my emotions and put my pride to the side and make better decisions, whether it benefits me or not."

However, under Indiana law, the elected prosecutor in the county where a conviction took place must consent to the filing of a petition for a sentence modification.

Delaware County Prosecutor Eric Hoffman gave no such consent before the filing of Drake's motion, and he filed his own motion objecting to Drake's filing.

Hoffman wrote that he "has not and will not consent" for a modification of Drake's sentence "based on the facts and circumstances of this case as well as the nature of the offense and character of the defendant."

Circuit Court 2 Judge Kimberly Dowling in recent days denied Drake's motion.

Drake — now incarcerated at the Indiana State Prison in Michigan City — has a projected release date of June 2032, according to the state Department of Correction website.

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: Muncie man convicted of murder fails in bid for early release