Rushville Republican

News

January 16, 2012

Arlington man convicted in jury trial

RUSHVILLE — Jason M. Middleton, of Arlington, was found guilty of Possession of Methamphetamine, a Class D Felony, and Possession of Paraphernalia, a Class A Misdemeanor, by a Rush County jury last week in the Rush Superior Court.

Judge Brian D. Hill presided over the case.

Middleton was accused of possessing methamphetamine and devices used to introduce methamphetamine into a person's body after these items were found by police in a vehicle occupied by Middleton in the Walmart plaza parking lot.

On Sept. 19, 2011, Walmart employees called police about Middleton's

behavior in the store, believing that he was stealing jewelry.

Rushville Police Department officers Randy Meek and Michael Ervin responded.

The suspect had left by the time police arrived, but the officers returned

shortly after that when Walmart called again saying the suspect had returned to the store.

Meek entered the store and located Middleton, and after identifying him placed him under arrest for an outstanding probation violation warrant.

Ervin located the vehicle, driven by Daniel Puckett (also an Arlington resident), in the Walmart parking lot and searched the vehicle after obtaining consent to do so from Puckett.

Ervin testified that he was looking for possible stolen jewelry, but instead found methamphetamine and related drug paraphernalia in the vehicle.

Both Puckett and Middleton were arrested and charged with possession of these items.

The jury heard from the RPD officers, Puckett, and also listened to an audio recording of Middleton's initial hearing held the day after his arrest, where he told the judge that he was guilty, and that the items found in the car belonged to him and not to Puckett.

After Rush County Prosecutor Phil Caviness rested the State's case, Middleton testified that he told the judge he was guilty and the drugs and

paraphernalia belonged only to him because he was confused.

After the trial, Caviness stated that he was glad the jury didn't buy into that explanation.

"I don't see how you can sit in front of a jury and explain away your courtroom admission to a crime, and it certainly didn't work in Mr. Middleton's case," the prosecutor said.

Caviness thanked the Rushville Police Department for their efforts in this case, and Chief Deputy Prosecutor Phillip Morgan who helped present the State's case to the jury.

Middleton is scheduled for sentencing Jan. 23, 2012 and faces up to 3 years in prison.

He also faces a probation violation hearing for violating the terms of his probation on a 2006 conviction for Dealing Methamphetamine, a Class B Felony.

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