Badgley denied sentence modification in father’s 2012 killing

A 31-year-old Greencastle man, already denied an appeal of his voluntary manslaughter conviction in the Sept. 12, 2012 fatal stabbing of his father, now has lost out on sentence modification as well.

Thomas W. Badgley, who was just 21 when he stabbed his 53-year-old father, Tommie Dale Badgley, to death, has been denied sentence modification in a ruling by Putnam Superior Judge Denny Bridges.

In 2014, Bridges sentenced Badgley to 40 years in the Indiana Department of Correction with 35 years executed and five years suspended for voluntary manslaughter by means of a deadly weapon. That charges carries a sentencing range of 20-50 years.

Originally charged with murder, Badgley reached a plea agreement for voluntary manslaughter, a Class A felony.

Putnam County Prosecutor Tim Bookwalter filed the state’s objection to the sentence modification last week.

Bookwalter noted that as a “violent criminal,” characterized by his voluntary manslaughter conviction, Badgley needed to petition the court within 365 days of the date of sentencing (March 11, 2014) for modification without the consent of the prosecutor. After 365 days, the defendant cannot petition for sentence modification without the prosecutor’s consent.

With Badgley being well beyond that time period, the state does not consent to any modification, Bookwalter said.

Additionally, Bookwalter noted that Badgley “alleges he is remorseful for his actions” but in a pending petition for post-conviction relief, the defendant claims “it was the misadventure of Mr. Badgley’s father that was the sole cause of a tragic accident.”

The fatal incident occurred in the kitchen of the younger man’s 906 S. Crown St. residence in Greencastle’s South End after an altercation over his parents’ efforts to take him to the hospital to deal with his drug issues. Thomas Badgley pulled a kitchen knife from a drawer, lunged at his father and killed him with a single stab wound that perforated his heart.

In denying his appeal, the Indiana Court of Appeals in 2014 noted that:

-- The father was disabled and unarmed.

-- The father was present in the home to help the defendant.

-- The defendant has a minor but frequent history of violence.

-- The defendant had the opportunity to leave the kitchen and deescalate the situation but did not.

-- The defendant was on a pre-trial diversion at the time of the offense.

-- The defendant showed no remorse until sentencing.

Badgley still has a petition for post-conviction relief pending, Bookwalter said. The defendant alleges his court-appointed attorney was incompetent in that filing.

Public defender Dennis L. Thomas Jr. of Indianapolis represented Badgley during Putnam Superior Court proceeding. He was succeeded by local attorney Joel Weineke, who was appointed as Badgley’s new public defender for the appeals process.