“Justice Is Not Being Served.”

“Justice Is Not Being Served.”

Stan Levco Press Release

The Prosecutor’s negligence has compromised a death case and the Prosecutor’s incompetence continues to result in the majority of jury trials either resulting in a not guilty verdicts or dismissal.

Since Stan Levco announced his candidacy for Vanderburgh County Prosecutor, on June 7^th the Prosecutor’s Office had seven (7) Jury Trials.  Three (3) resulted in not guilty verdicts, in one (1) the charges were dismissed following jury selection and only two (2) resulted in guilty verdicts.  The seventh trial was to be that of Fredrick McFarland.

The Vanderburgh County Prosecutor’s Office negligence has reduced McFarland’s potential sentence by over half.

McFarland was arrested by members of the Evansville Police Department on November 29, 2017 after a high speed case on the south side of Evansville.  While fleeing from police McFarland crashed into another vehicle causing the death of Terrence Barker and injuring Janae Carter, and killing their two children. 

McFarland was charged on December 1, 2017 with three (3) counts of resisting law enforcement causing death, all level three felonies, and two (2) counts of resisting law enforcement causing bodily injury, both level five felonies.  

In Indiana, a level three felony carries a possible prison sentence between three (3) and sixteen (16) years.

Prosecutor Nick Hermann charged McFarland with being a habitual offender on December 1, 2017.  The habitual offender carries an additional sentence of up to twenty (20) years making McFarland’s potential maximum sentence thirty six (36) years.

On Friday, just three (3) days before the trial was to begin, more than eight (8) months after the filing of the initial charges, the Prosecutor’s Office attempted to file an amended habitual criminal charge.  They realized that not only did they mistakenly allege a conviction that wasn’t a felony, but neglected to allege a conviction that was a felony.  McFarland’s criminal record clearly shows that he has twice been convicted of carrying a handgun without a license as felonies.

On Monday, August 20, 2018, the morning of trial, the defense objected to the last minute amendment to the habitual offender charge.  Judge Pigman agreed with the defense and ruled the defendant could no longer be charged as a habitual offender.

The Prosecution is appealing the Judge’s ruling and as a result the trial has been continued on the Prosecutor’s request.  Assuming the Court of Appeals affirms the Judge’s ruling, the defendant will be facing a maximum sentence of sixteen (16) years instead of the thirty six (36) years he could have received had the Prosecutor’s Office not filed incorrect charges.  Stan Levco, candidate for Prosecutor, said, “This is just another example of Nick Hermann’s incompetence.   The number of not guilty verdicts and dismissals continues to be unprecedented,” and that “justice is not being served.”

FOOTNOTE: For further information you can contact Stan Levco directly at 812-499-5613.