Maximum Sentence For Convict Who Disrupted, Delayed Court

By Mike Perleberg Brandon Mockbee is escorted from the courtroom following a sentencing hearing on December 28, 2016. Photo by Mike Perleberg, Eagle Country 99.3. (Lawrenceburg, Ind.) - A career criminal with a penchant for rankling the judge has been sentenced to the maximum 20 ½ years. Brandon Mockbee, 41, of Cincinnati, had been found guilty by a Dearborn County jury of two counts of Burglary relating to break-ins last June at Tri-State Battery Supply in Lawrenceburg and Hibbett Sports in Aurora. He was also convicted of Obstruction of Justice. His ex-girlfriend and accomplice in one of those burglaries, Melissa Holley, had previously pleaded guilty and testified during the trial. Mockbee was back in Dearborn Circuit Court on Thursday, January 12 and received 14 ½ years in prison with no time suspended to probation. Six more years were tacked on as the jury also convicted Mockbee of being a habitual offender – he has 26 felony and 20 misdemeanor convictions as an adult. The aggregate 20 ½ years was the longest sentence Judge James D. Humphrey could have imposed. “There is no reason to believe that the defendant would make any more changes to his lifestyle than when he was given that opportunity 20 convictions ago,” Humphrey wrote in a sentencing order. In addition to the prison time, the judge also ordered Mockbee to repay $6,000 to Tri-State Battery Supply and $5,064.24 to Hibbett Sports. “Prosecutor (Lynn) Deddens would like to thank the hard work of all the police officers/detectives involved in this case, Aurora Police Department, Lawrenceburg Police Department and the Special Crimes Unit, to name a few. Also, thank you to the cooperation of the victims in this case; the employees of Hibbett Sports and to the owner of Tri-State Battery. Chief Deputy Prosecuting Attorney Joe Kisor, Deputy Prosecuting Attorneys Blaine Burgess and Andrew Krumwied worked hard in trying this case and securing a conviction,” read a statement from the Dearborn-Ohio County Prosecutor’s Office. Mockbee must also serve a year behind bars for direct contempt of court in November. Mockbee went on a verbal tirade against Humphrey during a pretrial hearing telling the judge to “contempt that” – which Humphrey did. Deddens said Mockbee will officially serve that year at the county jail following his long stint with the Indiana Department of Corrections. That episode and numerous other actions after Mockbee’s arrest didn’t do himself any favors with the judge. Mockbee had violated his probation by attempting to intimidate three witnesses, including Holley. He filed with the court 37 pro se motions which Humphrey called frivolous and repetitive, causing one hearing to last more than 40 hours. A complaint against his court-appointed public defender was summarily dismissed, but led to the need for a second attorney on his defense team. On recorded telephone calls from jail to his mother, Mockbee stated his intention to cause a mistrial. The next day during the trial, he faked a fall as he was being removed from the courtroom. Humphrey said Mockbee “appeared to feign injury.” “The Court understands a defendant’s right to aggressively defend himself. In this case, however, the defendant’s actions have resulted in unnecessary delays and expense, including additional expense for attorney fees, preparation of transcripts, and possible medical bills to the County (relating to the fake fall),” Humphrey wrote in the sentencing order. Mockbee cost the court more time during a sentencing hearing in December. Choosing to make an allocution statement to the court, Mockbee used the opportunity to launch into an hour-long lambasting of the court and his attorneys. Other courtroom behavior included smiling menacingly, making hand gestures, and refusing to answer basic questions during a pre-sentence investigation. The court required extra security to be present in the courtroom due to Mockbee’s acting out. Humphrey found no mitigating factors that could have lightened Mockbee’s sentence. Despite testimony from Mockbee’s stepfather that he has bipolar disorder, the judge said there was insufficient evidence showing he had a significant mental health issue. An argument that a long prison stay would cause undue hardship of Mockbee’s six-year-old daughter was dismissed with Humphrey finding that the girl has been in the custody of her grandparents as Mockbee has been in and out of jail for much of his daughter's life. RELATED STORIES: Burglar’s Attempt At Causing Mistrial “Falls” Short; Faces 20 Years Burglary Suspect Tells Judge “Contempt That”; Judge Obliges With Year In Jail Burglary Suspect Accused Of Criminal Confinement Burglary Suspect Claims Alibi; Fiancée May Testify Against Him Couple Arrested For Dearborn Co. Business Break-Ins Lawrenceburg Battery Shop Burglary May Be Connected To Other Recent Break-Ins