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Last updated on Wednesday, July 30, 2014
(BLOOMFIELD) - 35-year-old Jason Caldwell was formally charged with the murder of 54-year-old David Lamm and eight other felony offenses including rape Monday in Greene Superior Court.He is also facing three possible sentence enhancements.
Caldwell was apprehended just after 4 a.m. July 21 in Indianapolis, and was arrested on a parole violation.
Last Thursday afternoon, Greene County Prosecutor Jarrod Holtsclaw filed these charges:
* Murder, a felony -- Caldwell is accused of intentionally killing another human being, David Lamm, with a sentence range of 45-65 years. Under Indiana's new Criminal Code, the amount of "good time" credit has been changed. Instead of the previous 50 percent, the defendant would be required to serve 75 percent of his sentence.
* Armed robbery involving taking property by force or threatening the use of force while armed, a Level 3 felony -- took the property of another person, David Lamm, while armed with a deadly weapon, a .223 rifle, with a sentence range of three up to 16 years, 75 percent.
* Armed robbery involving taking property by force or threatening the use of force while armed, a Level 3 felony -- took the property of another person, David Lamm's wife, while armed with a deadly weapon, a .45-caliber pistol, with a sentence range of three up to 16 years, 75 percent.
* Burglary with a deadly weapon, a Level 2 felony -- broke into the home of David Lamm with intent to commit a felony or theft while armed with a deadly weapon, a .45-caliber pistol or .223 rifle, with a sentence range of 10 up to 30 years, 75 percent.
* Rape, when compelled by force or imminent threat of force, a Level 1 felony -- compelled David Lamm's wife, while armed with a deadly weapon, a .45-caliber pistol, with a sentence range of 20 up to 40 years, 75 percent.
* Rape, when compelled by force or imminent threat of force, a Level 1 felony -- compelled David Lamm's wife to other sexual conduct, while armed with a deadly weapon, a .45-caliber pistol, with a sentence range of 20 up to 40 years, 75 percent.
* Criminal confinement while armed with a deadly weapon, a Level 3 felony -- confined David Lamm's wife, while armed with a deadly weapon, a .45-caliber pistol, with a sentence range of three up to 16 years, 75 percent.
* Auto theft, a Level 6 felony -- involving a white 2008 Jeep Commander owned by David Lamm's wife, with a sentence range of six months up to 2.5 years, 50 percent. Note: The amount of good time credit for a Level 6 felony remains the same under the new code.
* Theft, where value of property is between $750 and $50,000, a Level 6 felony -- involving property that belonged to the Lamms, including debit cards and firearms including a .223 rifle and handguns, with a sentence range of six months up to 2.5 years, 50 percent.
Prosecutor Holtsclaw requested three sentence enhancements based on information filed by Indiana State Police Detective Brian Smith:
* An habitual felony offender sentence enhancement on the count of murder. Det. Smith alleges that Caldwell has accumulated at least two prior unrelated felony convictions including: A conviction in Morgan County in 1999 for battery resulting in serious bodilyinjury, a class C felony; a conviction in Morgan County in 2003 for burglary, a class B felony; a conviction in Morgan County in 2007 for theft, a class D felony; a conviction in Morgan County in 2009 for resisting law enforcement, a class D felony; and a conviction in Morgan County in 2011 for auto theft, a class D felony.
Caldwell could face an additional six to 20 years on this enhancement.
* A request for an additional penalty for use of a firearm, a .223 rifle, in the commission of a felony that resulted in serious bodily injury or death. Caldwell could face an additional five to 20 years, also at 75 percent.
* A request for a repeat sex offender sentence enhancement. Det. Smith alleges that Caldwell is a repeat sex offender having a prior unrelated felony sex offense conviction -- a conviction in Morgan County in 2012 for child molesting, a class C felony. Caldwell could face additional time equal to the advisory sentence but not more than 10 additional years.
Holtsclaw pointed out to the defendant that under the new criminal code, the enhancements must also be served at 75 percent of his sentence.
Greene County Chief Public Defender Alan Baughman was appointed to represent Caldwell.
He is scheduled for a pretrial conference in mid-September.
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