***MEDIA ADVISORY***

FOR IMMEDIATE RELEASE: March 3, 2014

COLLINS AND WILSON SENTENCED FOR THEIR ROLES IN VIOLENT 2012 HOME INVASION

Media Contact: Curtis T. Hill, Jr. (574) 296-1888

On Monday, March 3, 2014, Elkhart Superior Court 2 Judge Stephen Bowers sentenced Cody A. Collins, 23, of Edwardsburg, Michigan, and Dene Wilson, 22, of Cassopolis, Michigan, for their participation in burglarizing the Middlebury Street home of James Roberts and Brianne Gardner, both of Elkhart, Indiana. On September 9, 2012, Wilson, Collins, and a third suspect forced entry into Roberts’ home with a hammer in order to retrieve Collins’ military-issued firearms Collins believed were within the residence. Immediately upon entering the home the accused struck Mr. Roberts multiple times about the head with the same hammer, and Ms. Gardner was struck in the arm while trying to intervene. Mr. Roberts suffered serious injury and required urgent medical treatment. In addition to the injuries inflicted to Mr. Roberts and Ms. Gardner, two of the individuals attempted to tie up Mr. Roberts with Collins’ military-issued zip ties. When Mr. Roberts attempted to break free, he was again struck with the hammer.

Both Collins and Wilson entered pleas of guilty to Burglary Causing Injury, a Class A felony. On behalf of Mr. Collins, Deputy Public Defender Mark Manchak characterized his participation in the incident as a “lapse in judgment.” He stated that due to his military training and background, “when a military firearm goes missing, everything stops,” and all that all focus turns to finding the firearm. Mr. Manchak also asked that the court consider the fact that Mr. Collins was under the influence of alcohol and synthetic marijuana as a mitigator under the circumstances.

Deputy Prosecuting Attorney Nathaniel Henson described the offense to the court as a “brutal attack.” It was clear, from the State’s perspective, that Mr. Collins was the mastermind behind the plan, as the crime was aimed at recovering his missing firearm and included the plan to use Collins’ military-issued zip ties to tie up the victims if needed. While acknowledging Collins’ military service and limited criminal history, DPA Henson asked the Court to take note that the juvenile offense was similarly violent in that it consisted of assaulting a police officer, and occurred just five years prior. He also pointed out that while Mr. Collins took responsibility by pleading guilty; he has come to the court with many excuses to say “it’s not [his] fault.”

In passing down the sentence, Judge Bowers also described the incident as an “extremely brutal crime,” stating that facts like these are the reasons why this type of crime is classified as an A felony. The Court appeared particularly concerned that once the home invasion occurred, the brutal beating of one of the victims by “wailing away with a hammer,” could have resulted in possible death. Based on all of those considerations, the Court recognized that a sentence imposed needed to be increased from the thirty year advisory sentence for this level of offense, and sentenced Collins to thirty-five years at the Indiana Department of Correction, with ten years suspended on reporting probation.

After sentencing Collins, the Court then turned to Mr. Wilson’s involvement in the incident. Deputy Public Defender Holly Curtis asked the Court for an opportunity for Mr. Wilson to prove himself after a shorter period of incarceration. DPA Henson advised that Mr. Wilson’s case had many of the same aggravating circumstances as Mr. Collins’. The State did note, however, that unlike Mr. Collins, Mr. Wilson had been cooperative with the police investigation and prosecution of the case from the outset.

In sentencing Mr. Wilson, Judge Bowers reiterated the brutality of the crime, describing it as “absolutely senseless.” Given the injuries sustained by the victim, Judge Bowers stated that this incident “could have easily been catastrophic.” Mr. Wilson was deemed just as culpable in the incident, and also sentenced to thirty-five years at the Indiana Department of Correction, with ten years suspended on reporting probation. Collins and Wilson’s co-Defendant, Robert DeFreese, currently maintains his plea of not-guilty, and his next court hearing before Judge Bowers is scheduled for Monday, March 10, 2014.

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“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”