Story Created:
Jul 4, 2008 at 2:21 PM EDT
Story Updated:
Jul 4, 2008 at 2:21 PM EDT
INDIANAPOLIS (AP) — A homeless man sentenced to 65 years in prison for killing an elderly woman while burglarizing her home has lost his first appeal.
The Indiana Court of Appeals found that Ricky Nelson Vires' sentence was not inappropriate and that he had waived his rights to make a statement in his own defense.
Vires pleaded guilty last summer in the death of Novella Tarlton, 91, who was found beaten in her rural Garrett home on May 20, 2007. Tarlton, who never regained consciousness, died 12 days after Vires knocked her to the floor, causing a skull fracture and bleeding in her brain.
Vires had challenged his 65-year sentence, arguing that it was inappropriate in light of the nature of the offense and his character. He also contended that he was denied a chance to make a statement in his own defense.
Appellate court judges Nancy Vaidik, Paul Mathias and Melissa May agreed in their ruling that nothing about the nature of the crime or Vires' character would lead them to conclude that his sentence was inappropriate.
"Vires broke into the home of a 91-year-old, frail and infirm woman and shoved her to the ground," according to the decision released last month.
The judges said Vires did nothing to help Tarlton as she lay incapacitated on the floor while he burglarized her home.
The ruling also states that Vires had a significant criminal history consisting of at least six felonies, including two aggravated burglaries. His misdemeanor convictions included domestic violence, battery and resisting law enforcement.
"The trial court correctly noted that Vires is a 'lifelong criminal,'" Vaidik wrote in the report.
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Information from: The News-Sun, http://www.kpcnews.com