Court upholds 35-year sentence for man who severely beat 86-year-old New Castle resident
NEW CASTLE, Ind. — The Indiana Court of Appeals upheld the 35-year sentence given to a New Castle man who severely injured an 86-year-old local resident.
Derek Allen Wethington, now 38, last year pleaded guilty — but mentally ill — to burglary, a Level 1 felony carrying up to 40 years in prison.
New Castle police said Wethington — on April 25, 2023 — forced his way into a home along Grand Avenue and attacked the victim, who had recently had a pacemaker implanted.
Wethington, who did not know the victim, repeatedly struck the man, causing multiple facial fractures.
Emergency responders said when they arrived, the victim's head and face were mostly covered by blood, and he was having difficulty breathing.
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In a sentencing memo, Chief Deputy Prosecutor Richard Culver said the "sheer savagery of Wethington's attack on (the victim) had forever robbed him of his freedom and his independence."
Henry Circuit Court 1 Judge Bob Witham imposed the 35-year sentence last September.
Under the term of a plea agreement, seven other charges — aggravated battery, battery against a public safety officer, resisting law enforcement and two counts each of unauthorized entry of a motor vehicle and criminal mischief — were dismissed.
In an appeal, Wethington — who testified at his trial that he had been diagnosed with bipolar depression — contended the length of his sentence was inappropriate "in light of his character and the nature of the offense,"
In a recent 3-0 decision, the Indiana Court of Appeals disagreed with that claim, noting Wethington had not taken steps to contuse receiving medication for his mental health issues.
In the ruling, Judge Paul A. Felix also wrote that the New Castle man had "demonstrated nothing in his past to show he has been a positive influence on his community, his friends or even his family,"
Wethington is incarcerated at the Wabash Valley Correctional Facility south of Terre Haute, and has a projected release date in July 2049, according to a state Department of Correction website.
Douglas Walker is a news reporter for The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: Court upholds New Castle man's 35-year sentence for severe beating
