A Hamlet man accused of stabbing a man in an incident at a Hamlet home last year was sentenced in Starke Circuit Court Wednesday morning.
Francisco Javier Jimenez Mendez, 29, admitted to causing serious injury to a man at a Hamlet home in the early morning hours August 10, 2019. He had a knife and cut him twice requiring medical attention. Another victim was also threatened and suffered an injury. Mendez had his children with him prior to the incident, and an AMBER Alert was issued following a police investigation.
Mendez pleaded guilty to a Level 3 Felony count of aggravated battery in this case on Jan. 21.
Mendez testified during Wednesday morning’s hearing but Starke Circuit Court Judge Kim Hall stated that he believed Mendez didn’t tell the truth from what was included as evidence in this case, what was written in the police report and the victim’s testimony.
In his discretionary sentence, Judge Hall stated that Mendez did have six mitigating factors, or qualities in his favor. Those factors included the immense support of family and friends who submitted about 30 letters speaking of his exemplary character and the fact that this incident was out of his normal character, strong provocation, he led a law-abiding life prior to this incident, hard worker, assisted people when he could, and has low risk to re-offend. The aggravating factors pointed out by Judge Hall include the fact that he caused significant injury to another person, Mendez did not tell the truth about the incident and did not take full responsibility of the crime.
As for the sentence, Judge Hall said he had to err on the side of community safety.
Judge Hall accepted the plea agreement on Wednesday morning which called for a discretionary sentence. A Level 3 Felony count carries a prison sentence of 3 years to 16 years. Mendez was approved for home detention, but under Indiana code a defendant cannot be placed on home detention if there is a Level 3 conviction.
After weighing the mitigating and aggravating factors, Judge Hall handed down a discretionary sentence of 7.5 years in the Indiana Department of Corrections with 4 years suspended to be served on probation. He was ordered to participate in an in-custody substance abuse program or suitable programming. Once programs are successfully completed, the court may modify the sentence. He was ordered to pay a total restitution of $4,512.78 to the victims. The other counts in the matter were dismissed.
