News and Tribune

Clark County

March 16, 2010

Man pleads guilty, avoids jail time in I-65 road-rage case

Probation for New Albany man accused in child-molesting case in Clark County

JEFFERSONVILLE — A Lexington, Ind., man accused of pointing a firearm at a truck driver during a road-rage incident pleaded guilty Tuesday in Clark County Circuit Court to criminal recklessness, a class D felony, and was sentenced to three years of probation.

According to court records, the driver of a semi-tractor, which was pulling a tanker trailer, alleged Franklin D. Skirvin Jr., stopped his vehicle in a construction zone on Interstate 65 and then walked out of his vehicle while pointing a handgun.

The victim, Robert M. Bodell, said he was driving on I-65 northbound near the 7.5 mile marker when a red 1997 Pontiac Sunfire cut in front of him because one lane was about to end.

Bodell told Indiana State Police troopers that the driver of the Sunfire went about a quarter of a mile then pulled off the side onto the shoulder of the highway. Skirvin, 42, then allegedly pulled across one lane and blocked traffic, forcing Bodell to swerve and slam on his brakes.

Clark County Deputy Prosecutor Dawn Elston asked Skirvin at the sentencing hearing if he had produced or displayed a handgun when confronting Bodell.

“He [Bodell] saw one,” Skirvin replied.

Elston told the judge that the plea agreement was reached after the victim in the case failed to appear at two depositions. Skirvin received credit for two months served in jail and four months on home incarceration.

“It’s our belief there were inconsistencies with the truck driver’s statements,” Skirvin’s attorney, Eric Weitzel, said. “[The plea agreement] called for no jail time for my client, which was the biggest thing for him.”

Clark County Circuit Court Judge Dan Moore noted that Skirvin appeared hesitant while answering questions and asked if he still wanted to go forward with the plea agreement.

“I want off the ankle bracelet and to move on with my life,” Skirvin replied.

When Moore told Skirvin he could no longer possess a firearm, Skirvin asked if that ban included compound bows. Moore said he should not use any kind of weapon that could cause harm to another person.

“If the witness had been available, we wouldn’t be accepting this plea agreement,” Moore said. “You caught a break.”

Skirvin originally was charged with class C felony intimidation while armed with a deadly weapon; class D felony criminal recklessness; class D felony pointing a firearm; and class A misdemeanor obstructing traffic.

Five days after Skirvin appeared Clark County Circuit Court for an initial hearing on those charges, he was arrested in Scott County for allegedly going to the house of his daughter, who has a restraining order against him, and threatening to kill her husband.

He was charged with intimidation and invasion of privacy, both misdemeanors.

Skirvin also has a pending charge of class C felony intimidation with a firearm in Scott County for another alleged road-rage incident in November 2008.



New Albany man pleads guilty to sexual misconduct

A 33-year-old New Albany man arrested in November 2007 for child molesting pleaded guilty to two lesser felonies in Clark County Circuit Court on Tuesday.

Troy Douglas Welbourn was accused of several molestation incidents involving two teenage girls at a home in Jeffersonville in early 2006.

In addition to allegedly forcing them to have intercourse with him, Welbourn also showed at least one of the girls pornography, according to the probable-cause affidavit.

Welbourn pleaded guilty to class D felony sexual misconduct with a minor and class D felony dissemination with a minor. He was sentenced to 18 months in prison on the first charge, receiving credit for having already served that time in jail. He was sentenced to three years of probation on the second charge.

Welbourn’s attorney, Amber Shaw, said the victims did not want the case to go to trial. She said her client maintained his innocence throughout the negotiations but decided to plead guilty because he did not want the public exposure of the case going to trial.

Welbourn was originally charged with class A felony child molesting, class B felony sexual misconduct with a minor and class D felony dissemination of matter harmful to a minor and with being a habitual offender.

As part of the plea agreement, Welbourn is not allowed to have contact with any children without approval from the probation department.

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