IN - James Chadwell II, 42, arrested after girl 9, found in his home, Lafayette, 19 Apr 2021 #3

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Niner said:
from my notes:
4/19/21: Arrested
4/26/21: Information Filed: Habitual offender. Probable cause affidavit filed. Notice of exclusion of confidential info. Advisement of Rights conducted.
4/27/21 Update: Order on Initial Hearing. Defendant appears in custody. Judicial Officer: Sarah M. Wyatt-MAG & DA Patrick K. Harrington. No contact order issued. Indigent Counsel appointed at County expense. Defendant’s counsel will be Shay Justin Hughes. $500K Surety & $50K cash bond. A not guilty plea was entered on Chadwell's behalf. His next hearing is set for June 10.
4/28/21: Probable cause found.
4/29/21: Motion to continue Omnibus hearing for 6/10/21 filed.
5/4/21: Motion to continue-granted. Next pretrial hearing on 7/16/21 & trial set to begin on 8/10/21.
5/10/21: Motion to amend Count 6: Battery, serious bodily injury.
5/12/21: Motion to amend Count 6-granted.
5/14/21: Discovery disclosure. Advisement of rights conducted.
5/17/21 Update: Initial hearing conducted on Amended Count 6. Jury trial originally scheduled on 8/10/21 was rescheduled to 8/17/21 @ 8:30am; reason-Court's own motion.
5/21/21: Defense filed motion for change of venue; defendant's memorandum regarding change of venue. Defendant's exhibits 1-18 filed.
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where would the trial be moved to if the change of venue was granted?
 
acutename said:
A lot of court documents researched and provided by this news site:

Man accused of Indiana child kidnapping, attempted murder has long South Dakota criminal history | KELOLAND.com
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so - could you give a 10% syn0posis on this article, please?
 
Niner said:
I get this message:
Our European visitors are important to us.

This site is currently unavailable to visitors from the European Economic Area while we work to ensure your data is protected in accordance with applicable EU laws.


so - could you give a 10% syn0posis on this article, please?
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Before moving to Indiana, James Chadwell racked up an eight-page rap sheet in South Dakota.

In 2000, he was sentenced to prison for grand theft after buying stolen guns.

That same year he also pleaded guilty to aggravated assault against a Rapid City police officer. While he was serving a five-year sentence, in 2002, he assaulted a correctional officer and got more time.

He got out on parole in 2009, but was sent back to prison in 2012, after getting his second DUI with 10-and-11-year-old children in the car.

While initially charged with child abuse, he plead guilty to contributing to the neglect of a child–a misdemeanor.

Chadwell was released on parole again in 2013, but a few months later burglarized a Sioux Falls business and his wife turned him in.


According to a reporter with The Daily Mail, who spoke to Chadwell’s brother, he once “shoved his wife so hard he left an imprint of her body on the wall.” They divorced in 2013.

KELOLAND Investigates located Chadwell’s ex-wife, but she did not return our messages.

While in South Dakota, we’ve been able to determine that Chadwell lived in Rapid City and Brandon. He was released on parole in December of 2015 to Indiana.
 
Inthedetails said:
I do think he kept to himself most of the time and prefers it that way, but he did record at least one Tiktok sitting in his backyard so not a complete hermit.

jmo
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If LE had reason to look him up prior to his latest arrest, seems his parole officer would’ve known where to find him.

James Brian Chadwell: 5 Fast Facts You Need to Know | Heavy.com
“He was convicted in Cass County, Indiana for receiving stolen property, a felony, on June 9, 2016. He was convicted of OWI with a prior, a felony and resisting law enforcement, a misdemeanor, in February 2020 in Miami County. In October 2020, he was convicted of criminal trespass and criminal mischief and was still on probation. He was convicted of criminal trespass and was wanted on warrants.”
 
MistyWaters said:
If LE had reason to look him up prior to his latest arrest, seems his parole officer would’ve known where to find him.
He was also arrest ed in March 2016 in Miami County for receiving stolen goods.
James Brian Chadwell: 5 Fast Facts You Need to Know | Heavy.com
“He was convicted in Cass County, Indiana for receiving stolen property, a felony, on June 9, 2016. He was convicted of OWI with a prior, a felony and resisting law enforcement, a misdemeanor, in February 2020 in Miami County. In October 2020, he was convicted of criminal trespass and criminal mischief and was still on probation. He was convicted of criminal trespass and was wanted on warrants.”
Click to expand...
 
MistyWaters said:
If LE had reason to look him up prior to his latest arrest, seems his parole officer would’ve known where to find him.

James Brian Chadwell: 5 Fast Facts You Need to Know | Heavy.com
“He was convicted in Cass County, Indiana for receiving stolen property, a felony, on June 9, 2016. He was convicted of OWI with a prior, a felony and resisting law enforcement, a misdemeanor, in February 2020 in Miami County. In October 2020, he was convicted of criminal trespass and criminal mischief and was still on probation. He was convicted of criminal trespass and was wanted on warrants.”
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It is really aggravating that someone with his criminal history was even out of jail in the first place. Whatever happened to the "three strikes and you're out"? Apparently does not apply to him. (Or the crimes were not severe enough). The domestic violence towards his wife clearly indicates he is a danger to others. I am truly frustrated that this beautiful little girl had to experience his evilness.
 
acutename said:
where would the trial be moved to if the change of venue was granted?
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I would guess Allen county indiana - Fort Wayne. It’s off in the northeast part of indiana about 2 hours away from Lafayette and large enough to seat an impartial jury. It’s the second largest city in the state. I think it’s possible Indianapolis is too close to really be considered “better” for his trial. I’m sure that area was saturated… i live in an entirely different part of indiana and it was all over the news here.
 
MistyWaters said:
If LE had reason to look him up prior to his latest arrest, seems his parole officer would’ve known where to find him.

James Brian Chadwell: 5 Fast Facts You Need to Know | Heavy.com
“He was convicted in Cass County, Indiana for receiving stolen property, a felony, on June 9, 2016. He was convicted of OWI with a prior, a felony and resisting law enforcement, a misdemeanor, in February 2020 in Miami County. In October 2020, he was convicted of criminal trespass and criminal mischief and was still on probation. He was convicted of criminal trespass and was wanted on warrants.”
Click to expand...

I came over here from the A&L thread but not sure I should? .... anything I have to say about this animal is related to assessment of whether he’s a fit for the crime against A&L.... but I followed you all here anyway!

Curious about this last line from above- “October 2020, he was convicted of criminal trespass and criminal mischief and was still on probation. He was convicted of criminal trespass and was wanted on warrants”

what does this all mean?? He was convicted of CM, CT in 10/20 & was still on probation from those convictions (if I’m reading that right) .... what is that second reference to a trespass conviction, another one? And if he was still/already on probation & wanted on warrants, why was he not picked up prior to kidnapping & attacking the 9-yo child neighbor?? This doesn’t make sense to me, can anyone explain what I’m missing?

My first thought IMO is maybe his parole officer had actually lost track of him ... which then makes me wonder whose house it was where he kidnapped the 9-yo & what his status there was - hard to imagine this bum could get it together to buy a home .... had he signed a lease?? Was there any record of him living there?

I do wish someone would report on all this stuff
 
acutename said:
where would the trial be moved to if the change of venue was granted?
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I looked up JBC's lawyer and he was recently involved in another relatively high profile case in Tippecanoe County, IN, in which a chance of venue was requested. In that case, the defense was allowed to suggest three counties for the case to be moved to and the prosecution was allowed to suggest three. Then the judge allowed each side to "strike" a suggestion from the other. In the end there was one county that both had suggested so the judge selected that one.
 
Yemelyan said:
I looked up JBC's lawyer and he was recently involved in another relatively high profile case in Tippecanoe County, IN, in which a chance of venue was requested. In that case, the defense was allowed to suggest three counties for the case to be moved to and the prosecution was allowed to suggest three. Then the judge allowed each side to "strike" a suggestion from the other. In the end there was one county that both had suggested so the judge selected that one.
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That's a pretty common way to resolve a change of venue issue, in my experience following cases like this.

In some recent Massachusetts cases, the new location was chosen based on which courts had room on the schedule to accommodate the case. The change may have been for Covid safety reasons as much as prejudicial publicity--the original site was in a very high infection area and the new one was much lower.

I don't know whether there are rules, guidelines, or standard practices for deciding. Any of the lawyers care to instruct us?
 
Yemelyan said:
I looked up JBC's lawyer and he was recently involved in another relatively high profile case in Tippecanoe County, IN, in which a chance of venue was requested. In that case, the defense was allowed to suggest three counties for the case to be moved to and the prosecution was allowed to suggest three. Then the judge allowed each side to "strike" a suggestion from the other. In the end there was one county that both had suggested so the judge selected that one.
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I just read through indiana code, and it would seem that the court “may grant a change of venue to the most convenient county”. Also, the court can choose to retain the venue but draw their jury pool from a different county entirely. In which case the jurors would be summoned as usual but to a county they don’t live in. Interested in seeing how this plays out; I can’t imagine that they could get JBC a fair and impartial jury in Tippecanoe County.
 
electricuncalm said:
I just read through indiana code, and it would seem that the court “may grant a change of venue to the most convenient county”. Also, the court can choose to retain the venue but draw their jury pool from a different county entirely. In which case the jurors would be summoned as usual but to a county they don’t live in. Interested in seeing how this plays out; I can’t imagine that they could get JBC a fair and impartial jury in Tippecanoe County.
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This case is so tight, imo, that it doesn't matter where they move it. The evidence is strong and I think conviction is a sure thing, no matter where the trial is held.

jmo
 
Inthedetails said:
This case is so tight, imo, that it doesn't matter where they move it. The evidence is strong and I think conviction is a sure thing, no matter where the trial is held.

jmo
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I agree, I don’t think it matters.

It also wouldn’t be surprising if he enters a guilty plea before it ever reaches trial and it’s only a matter of time for his attorney to negotiate a plea deal for him involving the variety of charges that’ve been laid. IMO
 
 
MistyWaters said:
I agree, I don’t think it matters.

It also wouldn’t be surprising if he enters a guilty plea before it ever reaches trial and it’s only a matter of time for his attorney to negotiate a plea deal for him involving the variety of charges that’ve been laid. IMO
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My hunch is that he will draaaaaag it out. I think that because I'm guessing that Delphi won't arrest him until after this trial. Total speculation.

jmo
 
Inthedetails said:
My hunch is that he will draaaaaag it out. I think that because I'm guessing that Delphi won't arrest him until after this trial. Total speculation.

jmo
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If there’s adequate evidence to charge him with the Delphi murders as well, I don’t think the prosecution would delay. It’s not unusual for criminals to face separate trials while incarcerated for different crimes committed prior to their initial arrest, one trial following another.

JMO
 
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MistyWaters said:
If there’s adequate evidence to charge him with the Delphi murders as well, I don’t think the prosecution would delay. It’s not unusual for criminals to face separate trials while incarcerated for different crimes committed prior to their initial arrest, one trial following another.

JMO
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I just wonder if they are concerned the publicity from Delphi would affect the jury for Lexington case. It's not a regular crime, but a notorious one, ykwim? If he's charged with Delphi, it will be a huge news story in the state.

jmo
 
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