KOSCIUSKO COUNTY — Indiana Court of Appeals has denied Kimbert Crafton’s appeal of his sentence Oct. 18, 2017. Crafton is also awaiting a plea agreement and a jury trial on two unrelated cases.
Crafton, 32, 609 W. Boston St., Syracuse, was arrested in early April on three charges of theft in Elkhart County and awaits a jury trial on a charge of impersonation of a public servant.
Crafton remains incarcerated at the Kosciusko County Jail.
Judges with Indiana Court of Appeals upheld the sentence issued by Kosciusko Superior Court Judge Joe Sutton. They also ruled the provision in his plea agreement waiting his right to appeal his sentence is enforceable.
The conclusion of Chief Judge Margaret Robb and judges Terry A. Crone and Cale J. Bradford, was Crafton’s guilty plea contained an enforceable appellate waiver. “For this reason, we do not reach the substantive issues raised by Crafton about his sentence. Crafton waived his right to appeal his sentence.”
He was sentenced to 5 1/2 years in the county jail and six months probation on charges of attempted theft at Walmart, theft and resisting law enforcement following a three-county police chase in May 2017.
Arrest In Elkhart County
Crafton was served a warrant while incarcerated in Kosciusko County Jail on three theft charges filed in Elkhart County. The thefts occurred at Walmart, Goshen.
According to documents filed in Elkhart Superior Court 4 March 24, 2017, Walmart officials filed a theft report from its Goshen location. Empty packaging and a compressor without a box were found in the store. Crafton was observed on video selecting several items and an air compressor. He was also observed taking his cart to the automotive aisle where he removed the air compressor from the box and concealed numerous smaller items in that box.
He repeated this process with a large box containing a tool box before leaving the store, only paying $212.15 for the large empty boxes. The smaller items placed inside the box were estimated at $643.70.
It is also reported March 19, 2017, he returned a television to Walmart in Warsaw, without a receipt and received a gift card.
He then went to the Goshen Walmart March 21, and during a six hour time period he placed items in a regular cart before eventually switching to a furniture cart. Again he selected large boxed items, removed the original items from the boxes and filled those boxes with smaller items. At the checkout he paid for the alleged large boxed items with the gift card and a credit card. The known loss from this incident was estimated at $592.14.
Crafton returned to the store the following day and spent seven hours wandering the store and selecting various items. When he was approached by store employees to see if he needed help, he became upset and argumentative. Store employees also offered to take the full cart to the front of the store while he continued to shop. He then left the store without making any purchases and upon examination it was discovered he had concealed 68 items in large empty boxes with a total value of $1,002.97.
Crafton is scheduled for a plea hearing at 1:15 p.m. July 11.
Jury Trial Scheduled
Crafton’s case on charges of impersonating a public service is also set for a jury trial beginning at 8 a.m. July 11. Originally the trial was set to take place at 8 a.m. March 6, but was continued in February 2018.
The final pre-trial conference is set for June 5.
Additionally, Crafton’s court appointed attorney, Mark E. Caruso, withdrew his appearance and W. Douglas Lemon was appointed his new counsel.