Alyssa Shepherd denied new trial by Indiana Court of Appeals

The Indiana Court of Appeals has upheld the verdict found against Alyssa Shepherd.  Her request for a new trial has been denied.


Shepherd was convicted of three counts of reckless homicide, Level 5 felonies, reckless driving, a Class A misdemeanor, and criminal recklessness while armed with a deadly weapon, a Level 6 felony in the Fulton County bus stop crash that killed Alivia Stahl, 9, and 6-year-old twins Mason and Xzavier Ingle.


Another child, Maverik Lowe, was also severely injured.


Shepherd was sentenced to four years in prison and three years house arrest followed by three years probation.


The following conclusion by the Court of Appeals did include one conviction being vacated and calls for a clarified sentencing on another point.  It reads, in part:


We conclude that sufficient evidence supported the jury’s verdicts and the trial court did not abuse its discretion in rejecting Shepherd’s proposed instruction. However, Shepherd’s Class A misdemeanor criminal recklessness conviction violated common law double jeopardy principles, and we vacate that conviction.


We also conclude that it cannot be discerned from the record before us whether the trial court impermissibly imposed consecutive suspensions of Shepherd’s driving privileges, and we remand exclusively for the issuing of a clarified sentencing order that indicates that Shepherd’s license suspensions are to be served concurrently.


The entire document from the Iindiana Court of Appeals can be seen by copying the following link into your browser:  https://www.in.gov/judiciary/opinions/pdf/09142001par.pdf






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