Kimberly Hitchens received her sentence Tuesday morning in the Starke Circuit Court. Hitchens plead guilty to one count of Assisting a Criminal, a Class D Felony, which carries a sentence between 6 months to 3 years in the Department of Corrections.
Judge Kim Hall noted a few aggravating factors, as well as mitigating factors, in the case. Judge Hall stated that while Hitchens was called as a witness, she lied under oath, thereby committing perjury in the courtroom. He also noted that since Hitchens admitted there was a conspiracy, and that three others had been convicted of conspiracy to commit armed robbery from the same incident, Hitchens’ criminal activity far exceeded the crime for which she has been convicted. Judge Hall also mentioned two mitigating factors: she had previously lived free of crime for a reasonable amount of time, and she did admit to the conspiracy.
Judge Hall sentenced Hitchens to 36 months in the Department of Corrections. Because Hitchens has been incarcerated since Feb. 24, 2010, this time would be credited toward her sentence. Hitchens will serve approximately two-and-a-half months in the DOC. After her release, she will be put on probation for two months and will pay all probation user fees as well as court costs.
John Brooke, the boyfriend of Kimberly Hitchens, is still awaiting his sentence. Brooke was found guilty by jury of six of the seven counts against him on April 15th. Conspiracy to Commit Armed Robbery, Intimidation, Possession and Manufacturing of a Destructive Device, Resisting Law Enforcement, Unlawful Use of Body Armor, and Assisting a Criminal were among these counts. The jury found him not guilty of the count of Possession of a Destructive Device. Brooke will be sentenced on May 12th, at 10:00 a.m. CT in Starke Circuit Court.
