Ex-local man appeals 25-year sentence

Friday, May 13, 2016
Kevin Terry

BRAZIL -- A 47-year-old former Greencastle man found guilty last month in Clay County of trying to break into a female's home, then threatening her and taking a machete to her vehicle, is appealing his 25-year sentence in the case.

A notice of appeal has been filed with the Indiana Court of Appeals on behalf of Kevin E. Terry, Clay County officials have confirmed.

A Clay County jury found Terry guilty in March on felony and misdemeanor counts of attempted burglary, attempted residential entry, intimidation, criminal mischief and possession of methamphetamine.

However, he was acquitted of the most serious allegation against him, a Level 1 felony count of attempted rape.

Clay Circuit Court Judge Joseph Trout sentenced Terry last month to 25 years on the Level 2 felony count of attempted burglary. He was given concurrent sentences for the other convictions, while the count of attempted residential entry was vacated on "double jeopardy grounds" and merged with Terry's attempted burglary conviction, according to court documents.

In March, a jury deliberated three hours -- following a three-day trial -- before returning a unanimous verdict.

The trial stemmed from Terry's involvement in a Sept. 30 incident in Brazil. At 1:50 a.m. that day, a frantic female called the Clay County 911 Center reporting Terry -- who was shirtless, carrying a machete and accompanied by a pit bull -- was reportedly trapped in the attached one-car garage of her residence and trying to get inside her home.

Terry reportedly made intimidating and alleged sexual comments to the victim while using the machete to damage the hood of the homeowner's vehicle before two Brazil police officers arrived to find him standing in the garage.

Currently serving his sentence in the Pendleton Correctional Facility, Terry has an earliest possible release date of June 29, 2034.

Terry's Putnam County criminal record includes a variety of court appearances for such indiscretions as criminal mischief, possession of marijuana, possession of paraphernalia and alcohol-related offenses.

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