By John Estridge
There are 28 separate cases on file at mycase.in.gov in Franklin County alone concerning 43-year-old Brookville resident Josh Trammell, and the digital files only go back to 2002 on Trammell. There are more criminal cases in Franklin County related to Trammell before that.
On Thursday, August 12, Trammell was charged with four felonies in the death of Virginia G. “Jenni” Fasbinder. It is alleged Trammell went across the centerline on U.S. 52 west of Brookville near its intersection with Yellow Bank Road. After going left of center, it is alleged Trammell’s pickup truck struck Fasbinder’s Kia head-on. She was pronounced dead at the scene.
It is alleged Trammell had amphetamine and methamphetamine in his system at the time of the accident.
Franklin County Sheriff’s Department Deputy Jason Lovins said in his Affidavit for Probable Cause that he found two syringes in the debris from Trammell’s truck when the wrecker pulled Trammell’s vehicle upright.
This is not to say Trammell is guilty of his current charges, but this is a look at someone who has been through the courts over and over. The number above does not include two cases in Dearborn County and one in Ripley County.
Going back through all of his cases in Franklin County, it begins in charges in 2002, and there were more prior to that one, Franklin County Prosecutor Chris Huerkamp listed a felony conviction from 1997 in his petition for the Habitual Criminal charge. Trammell has to be convicted of at least one of the current charges. Then, a separate hearing is held on the Habitual Criminal Charge. If Trammell is found guilty of the Habitual Criminal Charge it will enhance the sentence imposed in the other felony convictions.
For instance, if Trammell were to be convicted of a Level 4 Felony, he could receive a sentence of two to 12 years in prison. If the jury, in a separate hearing, then decides Trammell falls under the statute for Habitual Offender, an enhancement of another six to 20 years could be added to the original sentence.
In 2002, Trammell was found guilty of a misdemeanor. The charge was filed on April 23, 2002 and the conviction occurred on March 12, 2004. It does not state what the misdemeanor charge was for. He received 361 days in the Franklin County Security Center (FCSC) with all time suspended to probation. He was assigned a fine and court costs.
On February 20, 2003, Trammell had an infraction for no taillights, and it was decided on July 7, 2003. He was fined and had court costs.
His next instance was a July 8, 2004 charge which was decided on April 15, 2005. The charges were Battery and Driving while Suspended. Both were misdemeanors. He pleaded guilty to the Battery charge with the Driving while Suspended was dismissed. He received 12 months in the FCSC with all time suspended to probation. He was assessed fines and court costs.
There was another infraction filed on April 5, 2007, for not having a driver’s license. He was found guilty of Expired Learner’s Permit and on August 27, 2008, he was assessed a fine and court costs.
The next was a misdemeanor charge of Criminal Mischief on June 5, 2007, and it was decided on September 18, 2007. He received 12 months in the FCSC and all time was suspended to probation. He was assessed a fine and costs.
On June 3, 2008, he had a seat belt violation, and he was assessed a fine on August 27, 2008.
Another infraction occurred on June 25, 2008, for having an Open Container of Alcohol. He was found guilty on August 27, 2008, and was assessed a fine.
A misdemeanor Mischief charge was levied on October 16, 2008. On August 25, 2009, he pleaded guilty and was sentenced to 180 days in the FCSC with 170 days suspended to probation.
A misdemeanor charge of Operating a Vehicle while Intoxicated, which was a first offense and with no endangerment was levied on December 17, 2008. He pleaded guilty and on January 25, 2010, he received a sentence of 60 days in the FCSC with 50 days suspended to probation to be served consecutive to a sentence on another misdemeanor conviction. He was charged a fine, costs plus a Countermeasure Fee. His Operator’s License was suspended for 90 days retroactive to December 17, 2008.
On April 22, 2009, he was charged with Resisting Law Enforcement with a Vehicle, as a Class D Felony. He pleaded guilty on July 28, 2010, and was sentenced to two years in prison with nine months suspended to probation. He was fined and there were costs levied. He subsequently violated his probation and was ordered to serve four months of his suspended sentence in the FCSC.
He received an infraction ticket for Driving while Suspended first offense on May 28, 2009, and was charged a fine and court costs on September 21, 2009.
A charge of Intimidation, as a misdemeanor, was levied on June 30, 2009, and he pleaded guilty on January 19, 2010. For that he received a sentence of 365 days in the FCSC with 345 days suspended to probation to be served consecutive to another misdemeanor conviction. He was fined and charged court costs. Subsequently, it was found he violated his probation and an agreement was reached. It does not state what the agreement was.
On July 30, 2009, he was charged with Operating a Vehicle while Intoxicated first offense and no endangerment, as a misdemeanor. He pleaded guilty and on June 15, 2010, he was sentenced to 60 days in the FCSC with 30 days suspended to probation. He received a fine and court costs. His Operator’s License was suspended for one year retroactive to January 22, 2010.
A Class D Felony Theft charge was levied on July 31, 2009. Almost a year later, on July 28, 2010, he pleaded guilty and received two years in prison with nine months suspended to probation. He had a fine and costs. It is shown he still owes the county $534 as of August 13, 2021.
On April 15, 2011, he was charged with Theft, as a Class C Felony with an Habitual Offender charge levied on the same day. On the subsequent plea agreement, the Theft went down to a Class D Felony and there was no mention of the Habitual Offender charge. Trammell was sentenced to three years in prison with one year suspended to probation. He had fines and costs. He eventually was found guilty of a Probation Violation and was ordered to serve 10 months of his suspended sentence. He still owes the county $1,015 as of August 13, 2021.
On September 26, 2011, he was charged with two counts of Check Deception, each as Class D Felonies. On April 17, 2012, he pleaded guilty to the two counts as class A misdemeanors, and was sentenced to 365 days in the FCSC with 305 days suspended to probation on each count to be served concurrent. He was fined and charged with costs. Eventually, he pleaded guilty to violating his probation. It does not say what occurred after that, but he still owes the county $715 as of August 13, 2021.
Charges of Attempted Theft, Operating a Vehicle as an Habitual Offender and Habitual Offender, with the first two as Class D Felonies, were levied on June 11, 2013. In a plea agreement and subsequent judgment on December 12, 2014, Trammell pleaded guilty to the Attempted Theft, and he was sentenced to three years in prison and was assessed fines and fees. The other two charges were dismissed. He still owes the county $169 as of August 13, 2021.
On August 13, 2013, he was charged with Possession of a Cellular Telephone (while incarcerated), which is a misdemeanor. He pleaded guilty on December 19, 2013, and was sentenced to 365 days in the FCSC with 101 days suspended to probation and he received credit for 132 days served. He had fines and costs. He still owes the county $349.
On June 16, 2013, he was charged with Check Fraud, as a Class D Felony. He was sentenced to three years in prison with one year suspended to probation to be served consecutive to a sentence in another felony conviction. He had fines and costs assessed. He was to pay the victim $1,015. Later, it was found he violated his probation and was ordered to serve 210 days of his suspended sentence, and he was given credit for 105 days served. He never paid restitution and owes the county, including the restitution, $1,993.
On August 15, 2014, he was charged with Burglary, as a Class C Felony. This charge was dismissed on September 3, 2015.
On February 11, 2016, Trammell was charged with Theft, as a Class D Felony. He was sentenced to three years in prison with credit for 277 days served to be consecutive to a sentence on another felony conviction. He was ordered to pay costs. He still owes the county $183.
Several charges were levied on December 1, 2016. They included: Possession of a Narcotic Drug, Possession of a Legend Drug-Prescription or Drug Order, Unlawful Possession of a Syringe, Maintaining a Common Nuisance, Resisting Law Enforcement and Possession of Paraphernalia. The first four were Level 6 Felonies and the last two were misdemeanors. On May 23, 2017, he was sentenced to two years in prison to be served consecutive to another felony sentence. He was fined and ordered to pay costs and a Countermeasure Fee. He still owes the county $384.
On August 21, 2017, he was charged with Intimidation to Commit a Forcible Felony, as a Level 6 Felony. He was sentenced to 630 days in jail on February 19, 2019. He was fined and ordered to pay costs. He still owes the county $186.
On January 2, 2019, he was charged with Resisting Law Enforcement, as a misdemeanor. He was sentenced to 60 days in the FCSC. Trammell was ordered to pay costs. He still owes the county $186.
A miscellaneous criminal charge was filed on June 22, 2020. It is not apparent what the specific charge is. It, as many of the cases involving Trammel do, has a special judge. There has not been any action on the case since July 6, 2020. Franklin County Prosecutor Chris Huerkamp filed a Motion to Revoke Bond on August 12, 2021
On July 7, 2020, he was charged with Operating a Vehicle after Being Adjudged an Habitual Traffic Violator, as a Level 6 Felony. No action has been taken on this case since July 21, 2021. Huerkamp filed a Motion to Revoke Bail on August 12, 2021
On February 19, 2021, Trammell was charged with Resisting Arrest Using a Vehicle, as a Level 6 Felony; and Driving while Suspended, Knowing Violation and Prior Conviction within 10 Years, as a misdemeanor. This case has a special judge. Huerkamp filed a Motion to Revoke Bail on August 12, 2021.
The four newest felonies were filed on August 12, 2021. They are: Operating a Vehicle while under the Influence of a Controlled Substance Causing Death, as a Level 4 Felony; Operated a Vehicle while Intoxicated Causing Death, as a Level 4 Felony; Reckless Homicide, as a Level 5 Felony; and Illegal Possession of a Syringe, as a Level 6 Felony.
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