by Kevin Lilly
Over the probation department’s objection, a Cass County judge accepted terms of negotiated plea deal for a Peru man caught burglarizing properties in Logansport last year.
Cass Superior Court II Judge Rick Maughmer sentenced 26-year-old Nicholas Ribble on Monday to four years in the Indiana Department of Correction and four years on probation for a class C felony charge of burglary.
Ribble admitted to his role in a series of attempted break-ins that included the successful entry into the residence of a woman in the area of Fairview Street in April.
The prosecution, led by Deputy Prosecutor James Ackermann, filed a class C felony against Ribble because he reportedly only broke into a garage, whereas his co-defendant 19-year-old Jordan L. Foster was charged with a class B felony because he broke into the woman’s home.
Indiana law states that breaking into a home is a more serious offense than breaking into a structure such as a garage.
A class B felony carries a sentencing range of six to 20 years compared to the two to eight year range for a class C felony.
During Monday’s hearing, probation officer Terry Haney pointed out that Ribble admitted to police that he broke into the woman’s home.
As part of a court-ordered pre-sentence investigation, the probation department also considers the criminal past of defendants when making a sentencing recommendation. In 2006, Ribble was convicted of child molesting, a class C felony.
Maughmer said he could consider only the charge filed by the prosecution, which never pursued the higher offense against Ribble.
Ackermann credited Ribble for cooperating with authorities. He reportedly took police to the properties he and Foster had burglarized.
Public defender Jay Hirschauer pointed out that his client’s confession helped secure the conviction against Foster, who last month was sentenced to eight years in prison and eight years on probation for two counts of burglary.
As part of Ribble’s plea agreement, he was ordered to pay more than $2,000 in restitution.
• Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.