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Hornaday's sentence modification request denied
GREENCASTLE -- Claiming his being on house arrest has made it nearly impossible for him to find work, convicted batterer Jared L. Hornaday, 20, was in Putnam County Circuit Court Thursday, where he asked Judge Diana LaViolette to grant him a sentence modification.
"I want to be released into probation so I can find work," Hornaday said. "I only have a month left."
Hornaday was sentenced on March 19, 2009 for his role in an attack that severely injured a man. Hornaday was one of four co-defendants convicted in connection with the June 5, 2008 beating of John Sanders, 26, of Greencastle. The crime took place outside Old Topper's Bar in Greencastle.
Court documents said Hornaday kicked Sanders in the face after Sanders was knocked to the ground by Hornaday's co-defendants. Sanders suffered multiple injuries, including a brain bleed, as a result of the attack.
Hornaday was convicted of Class C felony battery, and was sentenced to a four-year Indiana Department of Correction sentence. Judge Matthew Headley ordered that Hornaday would spend 90 days in the Putnam County Jail and the remainder of his sentence would be spent on house arrest through Putnam County Community Corrections.
Putnam County Deputy Prosecutor James Hanner objected to Hornaday's request. Hanner said a report from Community Corrections indicated Hornaday had violated the terms of house arrest on several occasions. Incidents cited included Hornaday going and visiting with friends instead of returning home after visitation with his child fell through, getting fired from a job, having friends at his house for gatherings where the drinking of alcohol took place and having marijuana in his possession.
"Frankly, I don't know why Community Corrections hasn't violated him and sent him back to jail," Hanner said.
LaViolette agreed.
"Why would you think you deserved a modification?" she asked Hornaday.
Hornaday's only response was that he had not consumed alcohol at the gatherings where his friends were doing so.
"I've passed every breathalyzer and test," he said.
LaViolette was not swayed.
"Seeing all this, I have no choice but to reject your request for modification," she said, adding that Hornaday was allowed under the terms of his house arrest to look for work, and that he should do so.
"They're not making it easy for me," Hornaday said.
Hornaday filed a request for sentence modification a month after he was sentenced, but withdrew the request before a hearing was held.