Armed robbery charge gets man 42-year sentence
By Ruth Ann Krause Post-Tribune correspondent April 24, 2013 4:30PM
Updated: April 24, 2013 11:01PM
Lake Superior Court Magistrate Natalie Bokota sentenced a Gary man to 42 years in prison for armed robbery, criminal confinement, intimidation and pointing a firearm in a 2010 carjacking and robbery after a jury trial conviction last month.
Andre Marshall, 24, said he plans to appeal.
In a victim impact statement, Gregory Mason said the crime has drastically affected not only his life, but his family’s. On July 24, 2010, Mason was on his way to his daughter’s birthday party when Marshall robbed him at 21st Avenue and Tennessee Street in Gary. Mason said the incident has prompted feelings of depression, fear, anger and rage. He uprooted his family and moved out of state and is in counseling.
“This day will indeed be the first day of my healing process,” Mason said.
Marshall’s mother and fiancee described a loving, hard-working man who has been a father figure to his fiancee’s two children.
Marshall said he has spent the last two years in the Lake County Jail “not playing cards or watching TV but thinking.” Before his arrest in Indianapolis – he was driving Mason’s car when he was pulled over – he was working two jobs. Marshall said he had learned from his mistakes and apologized to Mason, Mason’s family and his family.
Defense attorney Adam Tavitas said his client is a young man with strong family support. Trial supervisor Bob Persin argued for an aggravated sentence in light of Marshall’s four juvenile adjudications and one prior felony.
Bokota imposed an aggravated sentence, noting that Mason was robbed not only of his wallet and money, but was forced to drive to two ATMs to withdraw more cash. Evidence presented at trial showed Marshall put the gun in Mason’s mouth, which Bokota described as an act of cruelty, and taunted him that Mason was going to die on his daughter’s birthday.
Bokota sentenced Marshall to 18 years each on the confinement and robbery charges and ordered them served consecutively. She imposed six years for intimidation and ordered that consecutively served to the 36 years for confinement and robbery, and imposed three years on pointing a firearm, served concurrently to the intimidation charge.