By Liz Shepherd
WARSAW — A Claypool man will serve 10 years in prison after threatening several people and firing a gun inside a residence.
During a two-day jury trial in April, Terry Michael Hall, 53, 4980 E. 900S, Claypool, was found guilty on two counts of intimidation with a deadly weapon, both level 5 felonies; possession of methamphetamine and criminal recklessness with a deadly weapon, both level 6 felonies; resisting law enforcement, a class A misdemeanor; and possession of paraphernalia, a class C misdemeanor.
The jury found Hall not guilty of criminal confinement with a deadly weapon, a level 3 felony; and not guilty of an additional intimidation with a deadly weapon charge, a level 5 felony.
Hall was sentenced in Kosciusko Superior Court One on Monday, May 1.
For each count of intimidation, Kosciusko Superior Court One Judge Karin McGrath sentenced Hall to five years at the Indiana Department of Correction. Hall also received one-year DoC sentences for his meth possession, criminal recklessness, and resisting law enforcement charges. For paraphernalia possession, he received a two-month DoC sentence. Both of Hall’s intimidation charges will be served consecutively, with the remaining counts to be served concurrently, or at the same time, as the intimidation charges.
Hall has 364 days of jail time credit.
At sentencing, Deputy Prosecuting Attorney Dan Hampton asked McGrath to consider the gravity of the situation and aggravating factors listed in Hall’s pre-sentence investigation report.
Hampton also read aloud an affidavit of probable cause filed against Hall for an October 2018 case, in which Hall threatened law enforcement while holding a hatchet. Hampton noted the circumstances with that case being similar to what the jury found Hall guilty of.
“For the safety and welfare of the community, I ask you impose a lengthy sentence at (the Department of Correction),” said Hampton to McGrath.
Defense Attorney John Barrett discussed Hall’s criminal history and noted he had no contact with law enforcement between 2009 and 2018. Prior to 2006, Hall’s cases were misdemeanors
He requested McGrath approve Hall for participation in Recovery While Incarcerated during his prison sentence and also consider home detention as a future possibility if Hall stays conduct clear.
In court, Hall said he didn’t understand how the jury found him guilty, accused law enforcement of lying, and said one of the individuals involved in the case was under the influence.
McGrath noted Hall’s prior criminal history as an aggravator, stating Hall’s drug use is also “a recipe for horrible, horrible things.”
“The jury decided you were of significant danger to yourself and others,” said McGrath.
McGrath also told Hall if the jury had found him guilty on all of his initial charges, he could have been facing over a 40-year sentence.
After the sentencing, Hall told the court he intends to seek an appeal.
Affidavit Of Probable Cause
On Dec. 14, 2020, Kosciusko County Sheriff’s Office deputies responded to a report of shots fired inside a Pierceton residence on East Old Road 30. A man went to the location to pick up a friend and said he heard a shot fired in the home.
Deputies approached the residence, gained a tactical position, and announced their presence. Upon doing so, deputies heard a man yelling. At one point, the man’s friend was pushed out of the home by Hall.
According to court documents, due to Hall’s behavior, the friend said he feared leaving the house because he thought he would be shot. He also said a woman was still in the home.
While deputies surrounded the residence, they could hear Hall yelling at the woman. At times, deputies heard Hall threatening her. While attempting to communicate with him, deputies saw Hall go to a window several times while holding a shotgun.
Eventually, Hall opened the residence’s door and agreed to speak with a deputy. When he was close enough, the deputy grabbed Hall by the wrist and Hall attempted to pull away from the deputy’s grasp. A taser was then deployed on Hall.
While taking Hall into custody, deputies found a pipe, two speed loaders with .44 caliber ammunition and two spent cartridges from a .44 magnum. They also found a fully loaded .44 magnum pistol and two shotguns inside the home.
Deputies also discovered a hole in the east wall of the residence’s living room from the fired shot. The projectile went through the wall and into the residence’s garage, hitting items inside the garage.
The woman in the home said Hall was irate and confirmed he fired off a shot inside the residence.