A man sentenced to 60 years behind bars for killing his neighbor will remain in prison after the Indiana Court of Appeals upheld his sentencing earlier this month.
Madison Superior Court 1 Judge Dennis Carroll sentenced Nathan D. Jenkins, 22, in February 2006 for shooting to death 33-year-old Dion T. Warner inside Warner’s home in the 2200 block of Dewey Street.
Warner apparently got into an argument over a bicycle with another man inside the home Jenkins shared with his then-19-year-old girlfriend in April 2004. Warner allegedly pushed the woman down during the argument, and the woman called Jenkins, who wasn’t there at the time, according to court documents.
Jenkins then went to Warner’s home and shot him once in the head. When Jenkins returned, he said “ain’t no more Dion,” according to the appeals court’s ruling.
In his appeal, Jenkins claims that a videotaped interview with Anderson police detectives shortly after he was arrested shouldn’t have been allowed into evidence at his trial.
Jenkins also claims that Carroll shouldn’t have used his juvenile criminal history as an aggravator when deciding his sentence. As a juvenile, Jenkins had been arrested for battery, theft and carrying a handgun without a license. Generally, murder carries a 45- to 65-year prison sentence.
However, in the appeals court decision, Judge Michael P. Barnes says that the videotaped interview was admissible, and Carroll was legally allowed to use Jenkins’ juvenile criminal history to increase Jenkins’ murder sentence.
“The trial court did not err in admitting evidence or in sentencing Jenkins,” Barnes writes in the April 13 decision
Jenkins is being held in the Pendleton Correctional Facility. His earliest possible release date is April 7, 2064, according to the Indiana Department of Correction.
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9:45 p.m. - Appeals court upholds murderer’s sentence
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