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NEWTON —
When county attorney David Yoder announced a plea bargain in the case of Chad Carr this week, public reaction was swift.
A poll at the Kansan online showed 81 percent of those responding believe 20 years in prison is not enough for a man charged with abusing, and killing, toddler Vincent Hill in North Newton.
But those 20 years are the maximum sentence Carr could receive for the five charges he was convicted of when he pleaded guilty.
And it was a difficult decision for Yoder to make — rather than “go for broke” in a jury trial and risk getting reduced charges and sentences, Yoder and Hill’s surviving family chose the plea bargain.
“This is a case that will haunt me the rest of my life,” Yoder said Friday. “There is no justice in a case like this.”
The plea deal Yoder arranged calls for Carr to serve the maximum sentence on each charge, and serve them all back-to-back, for a total of 241 months.
“I also made sure he pled guilty,” Yoder said. “Up to this point, he had never admitted responsibility, and I thought that was important.”
A plea agreement also can be entered into with a “no contest” plea, which does not admit guilt but accepts the sentence.
Sentencing will be in January, and the judge will have the option of departing from the plea agreement and choosing a different sentence — but Yoder doesn’t believe that will happen.
“The judges in this area take pleas very seriously and know there is a lot of time and negotiations that go into them,” Yoder said. “I believe I’ve only seen one time that a judge did not follow a plea agreement.”
In this case, departing from the agreement would mean shortening Carr’s time in prison.
Under state statute, each felony charge is typed, and then combined with previous convictions. The statutes set a minimum and maximum amount of time served.
In the case of Chad Carr, a second-degree murder conviction carries with it a minimum of 123 months and a maximum of 138 months in prison. Aggravated battery carries a minimum of 38 months and maximum of 43 months. Abuse of a child carries a minimum of 31 months and maximum of 34. Aggravated battery, which Carr was charged with two counts of, carries a minimum of 11 and maximum of 13.
Combining all sentences, Carr faces a minimum of 216 months and a maximum of 241 months — about 80 percent of the maximum sentence Carr could have received if convicted of the original first-degree murder charge.
Yoder said a Kansas supreme court finding in July changing how murder cases are tried made pursing a jury trial “much riskier.”
“You second-guess yourself a lot with this,” Yoder said. “But under the plea, he will serve the highest score on all of those charges.”
The plea agreement calls for Carr to serve 241 months, just a bit more than 20 years, in prison. It also calls for the sentences to be consecutive, rather than concurrent. In concurrent sentences, Carr would have served the 138 months — or about 11 and a half years.
“They will be added up, and he will serve them all,” Yoder said. “He will have five felony convictions and have to register as a violent offender.”
When county attorney David Yoder announced a plea bargain in the case of Chad Carr this week, public reaction was swift.
A poll at the Kansan online showed 81 percent of those responding believe 20 years in prison is not enough for a man charged with abusing, and killing, toddler Vincent Hill in North Newton.
But those 20 years are the maximum sentence Carr could receive for the five charges he was convicted of when he pleaded guilty.
And it was a difficult decision for Yoder to make — rather than “go for broke” in a jury trial and risk getting reduced charges and sentences, Yoder and Hill’s surviving family chose the plea bargain.
“This is a case that will haunt me the rest of my life,” Yoder said Friday. “There is no justice in a case like this.”
The plea deal Yoder arranged calls for Carr to serve the maximum sentence on each charge, and serve them all back-to-back, for a total of 241 months.
“I also made sure he pled guilty,” Yoder said. “Up to this point, he had never admitted responsibility, and I thought that was important.”
A plea agreement also can be entered into with a “no contest” plea, which does not admit guilt but accepts the sentence.
Sentencing will be in January, and the judge will have the option of departing from the plea agreement and choosing a different sentence — but Yoder doesn’t believe that will happen.
“The judges in this area take pleas very seriously and know there is a lot of time and negotiations that go into them,” Yoder said. “I believe I’ve only seen one time that a judge did not follow a plea agreement.”
In this case, departing from the agreement would mean shortening Carr’s time in prison.
Under state statute, each felony charge is typed, and then combined with previous convictions. The statutes set a minimum and maximum amount of time served.
In the case of Chad Carr, a second-degree murder conviction carries with it a minimum of 123 months and a maximum of 138 months in prison. Aggravated battery carries a minimum of 38 months and maximum of 43 months. Abuse of a child carries a minimum of 31 months and maximum of 34. Aggravated battery, which Carr was charged with two counts of, carries a minimum of 11 and maximum of 13.
Combining all sentences, Carr faces a minimum of 216 months and a maximum of 241 months — about 80 percent of the maximum sentence Carr could have received if convicted of the original first-degree murder charge.
Yoder said a Kansas supreme court finding in July changing how murder cases are tried made pursing a jury trial “much riskier.”
“You second-guess yourself a lot with this,” Yoder said. “But under the plea, he will serve the highest score on all of those charges.”
The plea agreement calls for Carr to serve 241 months, just a bit more than 20 years, in prison. It also calls for the sentences to be consecutive, rather than concurrent. In concurrent sentences, Carr would have served the 138 months — or about 11 and a half years.
“They will be added up, and he will serve them all,” Yoder said. “He will have five felony convictions and have to register as a violent offender.”
