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STATE OF INDIANA
COUNTY OF ST. JOSEPH

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STATE OF INDIANA

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VS

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DEVIN MYCHAL BUTLER

IN THE ST. JOSEPH SUPERIOR COURT

CAUSE NUMBER. 71D03-1608-F6-000755

PLEA AGREEMENT

Devin Mychal Butler, under oath says:

My true full name is Devin Mychal Butler, and I request that all proceedings against me be
had in that name which I declare to be my true name.
I have attended school and completed

t5'

years of education and I have the ability to

read, write and speak the English language.

I am represented by counsel and my lawyer's name is Jeff Kimmell.
I have received a copy of the Information before being called upon to plea and have read
and discussed it with my lawyer and believe and feel that Iunderstand every accusation made
against me in this case.
I have told my lawyer the facts and surrounding circumstances as known to me concerning
the matters mentioned in the Information and believe and feel that my lawyer is fully informed
as to all such matters. My lawyer has since informed me and has counseled and advised with

SCANNED

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me, as to the nature and cause of every accusation against me and as to the possible defenses I
might have in this case.
I understand that I am entitled to have all of my rights which may be involved in this
matter explained to me, and that I have the right to have any questions I may have answered to
me.
I understand that I may, if! so choose, plead NOT GUILTY, to any charge against me and
that if! choose to plead NOT GUILTY, the Constitution guarantees me:
a) the right to a speedy and public trial by jury in the St. Joseph Superior Court, St. Joseph
County, State of Indiana at which the jury will be instructed that they must presume me
innocent unless the evidence overcomes that presumption;
b) the right to be released on reasonable bail until my trial occurs;
c) the right to face the witnesses against me;
d) the right to use the power and process of the Court to compel the production of any evidence,
including the attendance of any witnesses in my favor at my trial;
e) the right to assistance of Counsel at every stage of the proceedings including upon an appeal
if need be, with the appointment of such counsel being at no cost to me if I am found to be
indigent by the Court;
f) the right to require the State to prove to the jury unanimously my guilt beyond a reasonable
doubt by evidence at a trial at which I may not be compelled to testify against myself, but at
which I may testify if! choose to;
g) the right, in the event that I should be found guilty of the charge against me, to appeal my
conviction on such charge to a higher court.
I understand also that if! plead GUILTY I waive the right to a speedy public trial by jury
and all of the attendant Constitutional Rights. I further understand that by entering a plea of
GUILTY I will be admitting the truth of all of the facts alleged in the Information or to an

J.

offense included thereunder and that upon acceptance of my plea of GUILTY, the Court shall
proceed with judgment and sentence.
Notwithstanding the above, I have with the assistance of Counsel, entered into the
following agreement with the State of Indiana:
1.

That the defendant will plead guilty to the necessarily lesser included offense under

Count I of resisting law enforcement as a class A misdemeanor.

2.

That Count II will be dismissed at the time of the acceptance of this plea.

3.

That the parties will request the Court postpone the sentencing of this matter for a period

of twelve (12) months, during which the defendant will be placed in the Pretrial Diversion
Program on the following terms:
a.

The Defendant will be required to provide proof of undergoing an alcohol evaluation and

successfully completing any recommended follow up treatment.

b.

The defendant will commit no new criminal offenses during the diversion period.

c.

Within the first six (6) months of the Pretrial Diversion Program, the defendant will pay

restitution in the amount of $144.98 for the damage to Officer Knepper's clothing and equipment.
d.

Within the first six (6) months of the Pretrial Diversion Program, the defendant will pay

all fees associated with the Pretrial Diversion Program. The program fee is $ 333
e.

The defendant will complete 24 hours of community service at a nonprofit agency which

will be verified in writing by the nonprofit agency.

4.

In the event that the Prosecutor has probable cause to believe that there has been a

violation of any of the conditions of the Pretrial Diversion Program the Prosecutor may file a
written motion with the Court requesting the defendant's termination from the Pretrial Diversion
Program and entry of a judgment of conviction on the defendant's plea of guilty and sentencing.
The Prosecutor's motion shall set forth the date, place and the nature of the alleged violation(s).
5.

The Court may issue either a summons to appear or a warrant for the defendant's arrest

and shall conduct an evidentiary hearing to decide whether a violation occurred. At such

hearing, an affidavit filed by the State setting forth probable cause to believe that a violation of
the Pretrial Diversion Program has occurred shall be admissible and considered prima facie
evidence that such violation has occurred. The defendant understands and agrees that he is
waiving any objections to the admission of records maintained by the Prosecutor's Office as
evidence to be used in any violation hearing. The defendant understands and agrees that he is
waiving the right to contest the admissibility of the results of any scientific testing, including any
drug screening.
6.

Upon the finding by a preponderance of the evidence that there has been a violation, the

Court shall immediately enter a judgment of conviction on the defendant's plea of guilty. The
parties will be free to argue sentencing.
7.

The Defendant has been advised, and understands, that the possible penalty for a Class A

misdemeanor is imprisonment from 0 days to 365 days and a fine of not more than $5,000.
8.

The Defendant understands that his voluntary participation in the Pretrial Diversion

Program is based upon his admission of guilt, his acceptance of responsibility for what occurred,
and that the Defendant has written a letter of apology to Officer Knepper for his own actions.
9.

The Defendant understands that ifhe fails to successfully complete the program, he will

be convicted of the offense to which he has pled and shall be sentenced to any penalty allowed
by law.
10.

That upon the successful completion of the terms and conditions of the Pretrial Diversion

Program and at the expiration of twelve (12) months from the entry of the defendant's guilty
plea, the Court will allow defendant to withdraw his previously entered plea of guilty and the
Prosecutor will move for dismissal of this criminal case.

r understand

that

r have

a right to appeal my sentence if there is an open plea. An open

plea is an agreement which leaves my sentence to the Judge's discretion.

r hereby

waive my

right to appeal my sentence under Creech v. State, 887 N.E. 2d 73 (Ind. 2008), so long as the
Judge sentences me within the terms of my plea agreement.


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I believe and feel that my lawyer has done all that anyone could do to counsel and assist
me and that I now understand the proceedings in this case against me.
I declare that I offer my plea of GULLTY freely and voluntarily and of my own accord,
and no promises have been made to me other than those contained in this petition, nor have I
been threatened in any way by anyone to cause me to plead GULLTY in accordance with this
petition.

VIN MYCHAL BUTLER

DEFENDANT

E. KIMMELL
EY FOR DEFENDANT

THOMAS l.(SJ\.NDERS
CHIEF DEPUTy PROSECUTING ATTORNEY