Starke Circuit Court Judge Kim Hall presided over several plea and sentencing hearings Thursday afternoon.
James Toney appeared for his hearing. He was charged with Possession of a Controlled Substance as a Class D Felony and had been incarcerated in the Starke County Jail since his arrest six months ago. He was charged after police found him in possession of one Vicadin pill in his pocket.
Judge Hall questioned Toney as to why he has been in the jail for so long. Toney said that he was having a hard time getting approved for home detention through Starke County Community Corrections as he didn’t have a permanent residence to list in the evaluation process. He said his closest relative is in a nursing home and that doesn’t qualify as a permanent residence.
Judge Hall ordered that Toney be released as he would have served his time recommended in the plea agreement. He will serve six months on probation. Toney’s pending case in Knox City Court was dropped as part of the agreement.
Judge Hall also rejected a plea agreement for James Bailey. Bailey is charged with Possession of a Syringe, Theft and a probation violation. Bailey told Judge Hall that he has not has time to be evaluated for home detention. Judge Hall rejected his plea agreement due to Bailey’s inability to get his home detention evaluation and other aggravating factors. Bailey’s case is now set for trial for Feb. 20 at 9 a.m.
