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January 25, 2013

Mackey found guilty Thursday of attempted theft

Jury declares Logansport man guilty of lesser offense.

LOGANSPORT — Corey Mackey, 35, Logansport, was found guilty of attempted theft, a class D felony, after a few hours of deliberation Thursday night.

Mackey was accused of breaking into a home July 22 on the 2800 block of east Ind. 16. The jury found him guilty of attempted theft, the lesser offense of the original attempted burglary charge, a class B felony.

Cass Superior Court II Judge Rick Maughmer ordered a pre-sentence investigation report and set the sentencing hearing for Feb. 19. Mackey could face up to three years in jail and a fine of up to $10,000 for this case.

Mackey still faces a class B felony burglary charge for a reported July 17 burglary in Georgetown.

In court, Maughmer said Mackey also has three separate probation violations pending against him.

Police reports state that Mackey had reportedly tried to enter a woman’s home in July and then tried to leave the scene in a car with another man. They were pursued down the road by the woman and her son and stopped by the Cass County Sheriff’s Department.

In the closing arguments, Cass County Chief Deputy Prosecutor Lisa Swaim went through each item of the State’s evidence, listing the woman’s testimony about seeing Mackey try to lift the window of her home as well as the testimony of Joseph Knight, the reported driver of the car, who she said had told police they went to the house with the intent of robbing it.

“We have a tremendous amount of evidence on each and every one of these,” said Swaim, talking about each point the State had to prove.

Leeman showed the jurors four pieces of paper key words from the trial, returning to the “jiggling” of the door handle and questioning the “rules” or conduct of the police as they reportedly interrogated Knight and threatened to take his children away from him.  

He also questioned the lack of evidence taken at the scene of the reported burglary, including the fact that no fingerprints were taken and police did not find a pry bar or any tool that could have been used to try to break into the house.

“If people had just followed some simple rules, we would have never have been here and would have known the truth,” Leeman said.

The jury had the options of finding Mackey guilty or not guilty of attempted burglary, a class B felony, and/or guilty or not guilty to attempted theft, a class D felony.

After the trial, Leeman said he believed his client was pleased with the outcome.

“I think he’s grateful that they acquitted him of a B felony,” Leeman said.

A class B felony carries a sentence of six to 20 years in prison and a fine of up to $10,000.

Asked about the outcome of the trail, Swaim said “I respect the jury’s verdict.”

A March 4 status hearing was set for the probation violations and Swaim said the burglary charge would also be heard in the future.

The probation was set in September 2008 after Mackey pleaded guilty to burglary, a class A felony, in exchange for charges of rape, battery and resisting law enforcement being dropped.

He was ordered to serve one year in jail, four years on in-home detention and 10 years on probation.

Mackey was returned to jail without bond as awaits sentencing and his upcoming cases.

Caitlin Huston is a staff reporter for the Pharos-Tribune. She can be reached at 574-732-5148 or caitlin.huston@pharostribune.com.

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