A reported gun theft ended in a police chase and five preliminary felony charges for a non-traditional Ball State University student who has already served prison time, according to police reports.
James Cleo Robertson Jr., 40, 701 W. Jackson St., Apt. 501; remained in Delaware County Jail on a $32,500 bond as of Thursday afternoon, according to jail officials.
Muncie police arrested Robertson on suspicion of stealing a handgun, fleeing from police officers and driving while intoxicated, among other charges, the probable cause affidavit from the police department said.
Kevin Burke, director of University Communications, said Robertson was a freshman at Ball State.
According to the Indiana Department of Correction's offender data system, Robertson has been sentenced to prison at least three times on burglary, theft and drug charges.
According to police reports, Robertson also was convicted of operating while intoxicated in September and resisting law enforcement in 2005.
The police report for Robertson's arrest states the following:
Muncie police received a phone call about 1:20 a.m. Wednesday from someone, who was unnamed in the report, reporting that someone stole a 9mm handgun from him then drove off in a white 1991 Cadillac Eldorado.
Muncie police officer Anthony Calvert saw the Cadillac driving on Martin Luther King Jr. Boulevard, then turned on his lights to pull the car over, at which point the car sped off.
Police chased after the Cadillac until it attempted to turn, but the brakes locked and the vehicle swerved out of control. Robertson opened the door and bailed out before the car crashed into a tree.
Robertson tried to run away on foot, but a police dog caught him near the intersection of Jackson and Vine streets.
Police found a handgun magazine when they searched Robertson, and they found the handgun when they searched the Cadillac.
Paramedics took Robertson to Ball Memorial Hospital where he was treated for his injuries. Blood tests showed Robertson had a .21 blood-alcohol content. Robertson was driving with a learners permit that expired in 2004.
After a driving history check, police found that Robertson was convicted for operating while intoxicated in September and that he has a history as a habitual traffic violator.
Police also discovered Robertson's 2005 conviction, which caused officers to add the possession of a handgun charge.
A friend who answered the phone at the listed telephone number for Robertson would not comment on the incident.
According to the Ball State Code of Student Rights and Responsibilities, Robertson could go before a series of hearings and review boards to determine his status as a student.
Preliminary Charges:James Robertson was preliminarily charged with the following:- Possession of a handgun with a prior felony conviction - Class C felony- Resisting law enforcement with a vehicle - Class D felony- Habitual traffic violations - Class D felony- Operating while intoxicated - Class D felony- Possession of stolen property - Class D felony- Leaving the scene of a property damage crash - Class A misdemeanor(source: Muncie Police Department probable cause affidavit)
Previous Convictions:- Operating while intoxicated, a Class D felony. Sentenced Sept. 11, 2008 in Delaware County.- Resisting law enforcement, a Class A misdemeanor. Sentenced July 25, 2005 in Delaware County.- Burglary, a Class C felony. Sentenced Sept. 8, 1997 in Delaware County.- Possession of cocaine or a narcotic drug, a Class D felony. Sentenced July 30, 1996 in Delaware County.- Theft/receiving stolen property, a Class D felony. Sentenced July 30, 1996 in Delaware County.- Theft/receiving stolen property, a Class D felony. Sentenced July 9, 1990 in Delaware County.- Resisting law enforcement, a Class A misdemeanor. Sentenced Sept. 27, 1989 in Madison County.(sources: Indiana Department of Correction's offender data system and Muncie Police Department probable cause affidavit)
Possible Sentences:If convicted of his charges, James Robertson could face the following sentences:- Class C felony - Between two and eight years in prison, with an advisory sentence of four years, and a maximum fine of $10,000.- Class D felony - Between six months and three years in prison, with an advisory sentence of 18 months, and a maximum fine of $10,000.- Class A misdemeanor - Up to one year in prison and a maximum fine of $5,000.(source: Indiana Code)
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