Violent crime gets double time

Man who pleaded guilty to 2012 home invasion receives twice the prison time he expected
Courtney Astolfi
Mar 1, 2014

 

A Sandusky man received double the amount of prison time he was expecting during a sentencing hearing Thursday for a violent 2012 home invasion.
 
Takye Fenderson, now 23, 2000 block Foxborough Circle, will serve 12 years for the crimes.

In October 2012, Fenderson was one of three men who stormed a Perry Street home in what police believe was an attempted robbery.

Inside was Robert Garrett, 67. The men brutally beat Garrett, throwing him through a glass door and yanking away his phone as he tried to call 911.

Fenderson was hit with a slew of charges, and was ultimately indicted on 27 counts — most of which were felonies, according to court documents.

He chose to take a plea deal in September, agreeing to plead guilty to two counts complicity to commit aggravated robbery, documents stated.

As part of that plea, prosecutors told Fenderson he would receive six years in prison, his attorney, Jack Bradley, argued Thursday in court.

Erie County Common Pleas Court Judge Tygh Tone said he was not beholden to that agreement.

Bradley contended it was incumbent upon Tone to make it clear during earlier hearings that Fenderson may receive a lengthier sentence.

“If you want to withdraw your plea, you can,” Tone responded, saying Bradley could opt for a jury trial if he preferred.

Tone cited Garrett’s testimony before the court, which detailed the violent attack he sustained at the hands of Fenderson and his cohorts.

“I’ve lived on Perry Street for 46 years and never had a break-in,” Garrett later told the Register.

He pointed to his right eye, which he lost as a result of the attack. “Now it’s gone” Garrett said.

But during a statement in his own defense, Fenderson argued for leniency.

“Everyone makes mistakes,” he said. “I’m not an angel, but I’m far from a bad person”

In the end, Tone sentenced Fenderson to 12 years. Bradley immediately asked for Tone to appoint an appeals attorney to the case — indicating Fenderson’s intention to fight the sentence.

Fenderson began to argue with Tone’s decision, with the judge cutting him off and ordering deputies to handcuff him.

As they escorted him from the room, he dropped a string of profanities. “I’m young as (expletive), that’s crazy man” Fenderson said.

Comments

mikeylikesit

tough. he's lucky he didn't enter the wrong house. he still has his life..

Simple Enough II

+1

2cents's picture
2cents

Ditto!

BabyMomma

I'm cocked, locked, and ready to rock at a moments notice. It's coming soon where they do get the wrong house and someone gets Trayvon'd up!

deertracker

How insensitive! Trayvon was not invading anyone's home.

BabyMomma

I wasn't implying that he was. I meant shot dead.

coasterfan

I agree w/Deer. This Sandusky crook deserves to be put away for a long time, but to compare this to the Trayvon Martin case is baloney. In the Florida case, a teenager was walking through a neighborhood minding his own business when a neighborhood vigilante initiated contact. Entirely different from a home invasion case. Entirely.

JudgeMeNot

Trayvon got what was coming to him. Get over it.

santown419

Maybe one of yours in the future.

fenderstrat52

Ditto, good for the judge! Give him two thumbs up! 'Bout time for a ruling like this. Maybe it will send a message to these low-life's.

usmc21

Eye For An Eye you little punk!

fenderstrat52

I salute you SIR!

usmc21

Instead of breaking into a house maybe he will try and break out of one.

lugnut2511

Stating he young, like thats gonna matter. Just because your young n dumb doesnt mean you can get away with being ignorant

44846GWP

A plea agreement should be upheld. Not that I feel sorry for this punk at all.

Simple Enough II

Ummmmm, I don't think a judge has to abide by the deal set up by a prosecutor and the defense. His pack animal behavior trumps his BS excuse about being young.....so was the homeowner at sometime past.

Babo

Usually judges try to honor plead deals as the process is an important part of settling cases without trials in the criminal justice system. However, it is supposed to made clear to a defendant that the judge is under no obligation to honor a plea deal prior to the defendant choosing to enter into the agreement.

If the fact that the judge did not have to accept the plea agreement and was free to sentence as he saw fit was not explained to the Defendant prior to his plea on the record, he would have a basis for appeal based on an unknowingly entered agreement. However, if the explanation is in there, this sentence will likely stand.

Julie R.

Some more taxpayer money wasted for an appeal ---- and you better believe he will win it, too. Like his attorney said, the prosecutors told him he would receive 6 years in jail if he chose to take a plea deal yet Tone then arrogantly says he's not beholden to that agreement. Really? Why not? I thought the purpose of a plea deal was to get a lighter sentence, yet this guy takes a plea deal and gets DOUBLE the time the prosecutor told him?

Babo

Judges are not beholden to honor plea agreements. A Plea agreement is between the prosecutor and the defendant. Judges usually honor them to keep the process moving along but they are not required to honor the sentencing recommendation by the State. As long as the Defendant was notified prior to entering the plea that the Judge could sentence him as he saw fit, this sentence will hold up on appeal. Judging from the defendant's reaction he may not have been advised that the judge did not have to honor the agreement, in which case he may win his appeal.

Usually the notice that the judge doesn't have to accept the sentence is part of the court's statement prior to accepting the plea change and is incorporated into any written plea agreement. So it will be a pretty cut and dry issue for appeal. If the notice was given to the Defendant he will lose, and if he didn't receive the notice he will likely win his appeal.

Julie R.

According to the guy's attorney it was incumbent upon Tone to make it clear during earlier hearings that he may receive a lengthier sentence.

I took that to mean Tone did NOT make it clear that he did not have to accept the plea agreement or I'm sure the attorney would not have said that ---- which means more money for an appeal that the d-bag will more than likely win just because the law wasn't followed.

Babo

Actually the judge is only required to notify the defendant prior to acceptance of his change of plea that he does not have to follow the state's recommendation and plea agreement. His attorney also had a responsibility to inform him that the Judge doesn't have to follow the plea agreement.

If Judge Tone didn't comply with Criminal Rule 11 governing change of Plea and made sure the defendant entered an informed, voluntary, and knowing change of plea to guilty before accepting the plea, then the Defendant will win his appeal. Also, if Attorney Bradley didn't inform his client that the judge didn't have to follow the plea agreement then the defendant may win his appeal based on ineffective assistance of counsel and may have a malpractice case against Bradley.

Given the reaction of the Defendant and the fact that Judge Tone offered him the opportunity to withdraw his plea; it sure appears that Bradley never told him and the Judge didn't make the requisite statement and findings at the change of plea hearing before accepting the change of plea. The Defendant in this situation could file an appeal and or a motion to withdraw his plea. You're right as both remedies to court and or attorney error will cost time and taxpayer money.

KURTje

Tayke is another example of why most decent Americans want harsh penalties .

usmc21

His true colors came out in him at the end. He ask for forgiveness and when judge says no he blows up just like the little punk in him.

rgt

I have met him and he is far from an angel but he as if he was a bad person. Hopefully he will mature while incarcerated and walk out humbled. If help in the attack when the man lost his eye, that comes pretty close to killing him. He could have cut a vein or artery and bled out. I wish they taught kids to be mindful in school. It could have possibly saved me a lot of worries and troubles.

Simple Enough II

Not schools responsibility to raise some ones child, that is for the family.

Simple Enough II

Duplicate.

Stop It

Another one off the streets for awhile.

“I’m not an angel, but I’m far from a bad person”, followed by "As they escorted him from the room, he dropped a string of profanities. “I’m young as (expletive), that’s crazy man” Fenderson said."

Yep, he's really sorry, alright.

he said she said

He got 12 years for beating Bobby but the punk the stabbed and killed my nephew Jared got 5 for murder (also by Tone). I don't get it! The legal system in the country sucks to high heaven; the penalties handed out don't meet the crimes committed. Bring back the gallows like in the Old West. Trial, guilty, hanged, end of story.

worddrow811

I could be wrong, but the final sentence is based on intent at the time the crime is committed. They were intent upon killing the man while someone else may only intend to do bodily harm, not kill.

They didn't just happen upon the victim and that was deliberate as opposed to the other.

Simple Enough II

+1

queenjhb

Maybe he could get a reduced sentence , if he gave up one of his eyes.

usmc21

He has no clue what is going to happen to him in the next 12 years of his life if he makes it that far. The boys are going to have fun with him!!

santown419

I was one of takeye's boxing coaches and he didn't come from a bad home. He was pretty good in boxing he might of had a future. Bobbie's son is one of my close friends and I know bobby owns quite a few guns. If only he could of got to one.

rgt

I never said the schools should raise our children I just said they should teach mindfulness. Schools have our kids 6hrs ,180 days per year for 12 years. That 12960 hrs. That's like a full time job for 6 yrs. that a big impact. I know a guy who did 9 1/2 yrs and he is a very good man (Q) and he is a contributing member if society. Let's hope he rises above the rest and proves the statistics wrong. http://blogs.kqed.org/mindshift/...

mikeylikesit

no sympathy here. he should have gotten more time. crying because he's so young? yeah, that's why. running around beating up on older people. he should be locked up until he is as old as his victim is now. then maybe consider parole, but don't even ask about it until then..

4-wheeler al

just a bad seed. Its a shame they rather live on the street and get a job.

Stonybaby

Thank you judge Tone well done. You are helping make this community a safe place, let the criminal scum that are "far from a bad guy" realize there is a price for their criminal cruelty.

bdid.d519

When criminals hire Jack Bradley from Lorain, it pretty much admits their guilt... Look him up and see all the winners he has been hired to represent, sadly he usually wins and brags about it after.

cam

You are advised that the judge does not have to honor the plea deal made with a prosecutor. There is more this kid done that we are not reading off. This is why Tone did what he did. 99 percent of the time the Judge honors a plea deal. Good job Tone because that's all Baxter knows how to do is plea deal.

Babo

I agree with you. The nature of the crime merited more than the six years Baxter offered, and Tone was right to give him more time. Baxter has a track record of not taking violent crimes including rapes and felonious assaults seriously by his willingness to offer generous plea deals on these types of offences.

usmc21

Clean this town up Mr. Judge Tone....Is's about time to make change and hold these thugs accountable for their actions.

If he had a father period and some punk like him beat on him how would he fill about this BS?

Hope he never makes it out!!!!!

BabyMomma

If Obama had a son.........

Stop It

lol...

santown419

Miss momma if only your kids had a dad. Instead of two moms.

BabyMomma

Cocoa butter

starryeyes83

It Truly should have been AN EYE for an EYE ... his right one.

I see, in the not so distance future, where these home invaders are going to get taken out - by the people whom they prey on. That's really what these thugs and punks are; are predators, just a different kind.

Julie R.

Now that I think about it, Baxter was willing to give this punk only six years for brutally beating an elderly man and blinding him? That punk should have been given 20 years at the very least! What's with Baxter, anyway? Here's to hoping that Tone made it clear that he didn't have to abide by that ludicrous plea agreement because I sure would hate to see the little punk win his appeal!

Julie R.

Baxter (via a special prosecutor and a special rent-a-judge) gave that Krista Harris lady FIVE YEARS for theft from her elderly aunt, even after the aunt's doctor testified that the POA Harris used was prepared years back when the elderly aunt was still very much competent ----- yet Baxter then offers this punk a plea deal and only SIX YEARS for what he did?

Babo

Also, don't forget the three years Officer Fitzpatrick received for sexually assaulting a 15 year old girl in a police station while handcuffed! He got out after 11 months on early release courtesy of a special prosecutor and visiting retired judge.

Then there was the three years given to James Hofmann, former publisher of this newspaper for sexually abusing a 10 year old boy. He was never prosecuted for the 8 year old girl he molested courtesy of Special prosecutor and retired visiting judge picked by Baxter.

And what about old Erie County Commissioner Butcher stalking teen age black girls for sex while drunk? He got 30 days house arrest courtesy of a special prosecutor and retired visiting judge picked by Baxter and Butcher thanked him by approving Baxter's legal fess for his private company. The same special prosecutor was then used to go after Baumgartner for fleeing and eluding after an attempt to arrest for a misdemeanor probation violation without a warrant.

Finally, there was Judge Binette's pervert brother who liked to sexually exploit teenage girls. Seventeen months for him courtesy of a special prosecutor and retired judge picked by Baxter.

Yes, it's pretty obvious that Baxter identifies with violent punks and sex abusers as he offers them deals while he goes after people he considers threats to his livelihood or reputation.

rgt
SamAdams

I agree with starryeyes83. Sooner or later -- probably sooner -- some idiot is going to get killed in one of these home invasions. It won't matter if he's "young as #@*!" and it won't matter if somebody thinks the "sentence" is "crazy." NOTHING matters once you're dead!

There are quite literally millions of cases in this country every year where a law-abiding homeowner defends himself or herself with a gun. The vast majority don't result in death, but COULD have. Maybe if the mainstream media would spend more time publishing those stories and less time lobbying for gun control via thankfully rare workplace or classroom shootings, a few more thugs would get it through their thick skulls that the punishment for some crimes can be a little out of proportion.

In the interim, 12 years behind bars seems perfectly IN proportion to me! The homeowner was badly hurt, and the punishment for such a crime ought to hurt, too. Congratulations, dumba$$. Guess the home invasion is a whole lot less amusing to you NOW! Want another newsflash? It was never funny or cool to most of us in the first place!

rgt

I googled Kevin Baxter and this is what I found. Lol!!! http://www.noethics.net/News/ind...
http://www.noethics.net/News/ind...