Defendant must serve one-year prison sentence for shooting in southern Johnson County

JOHNSON COUNTY – A Columbus man must serve a one-year prison sentence for shooting at a vehicle in April 2022.

Kaden M. Marsh, 20, pleaded guilty and was convicted July 18 of criminal recklessness with a deadly weapon, a Class A misdemeanor. He was sentenced to one year in prison, with no parole and no probation, and will be given credit for one day of his previous jail sentence, according to court records filed in Johnson County Superior Court 3.

Marsh is not yet in prison, but was ordered to begin his one-year sentence on Aug. 12 at the Johnson County Jail, court records show.

The sentence stems from an incident initially reported as road rage that occurred in southern Johnson County on April 25, 2022. That night, Johnson County 911 received a call from a victim who reported being followed by an SUV on County Road 400 South. She stated that she had been followed by this vehicle since she exited Interstate 65 and the Edinburgh exit. She had several younger passengers with her, according to a report from the Johnson County Sheriff’s Office.

As she was traveling west on CR 400 South, she reported being passed by the dark-colored car near Indian Grave. As she was approaching US 31, she reported the car pulled in front of her vehicle, blocking her path. The caller told 911 dispatch that a man came out of the passenger side of the SUV and displayed a handgun, the report said.

The woman and the three young girls were heard screaming into the phone, “He has a gun.” The male suspect, later identified as Marsh, then fired several shots at their vehicle. The shots were heard on the 911 call and on audio from a nearby security camera, but no shell casings were found, the report said.

The 911 dispatcher instructed the victim to drive through the grass to escape, the report said. The woman – who identified herself to the Daily Journal as Brieana Burton – and her younger sisters escaped that night without physical injury. However, memories of that incident remain with them to this day, Burton said.

It was not immediately clear that Marsh was the shooter. The Johnson County Sheriff’s Office was able to locate him using his car’s license plate, which was captured by a FLOCK camera. The sheriff’s office was assisted by the Jackson and Bartholomew County Sheriff’s Offices and Columbus Police during the investigation, Sheriff Duane Burgess said at the time.

Although more than two years have passed since that night, the memories remain with the victims.

Burton says she suffers from post-traumatic stress disorder as a result of the incident. Because the incident happened in the car, memories often forced their way to the surface: the feeling of being followed, nervous glances in the rearview mirror.

She is also aware of the lasting trauma the incident has left on her sisters and even their parents.

“We’re all affected, and it’s definitely something that will never leave us,” Burton said. “Every time I get in the car, I pay very close attention to the road. I make sure no car is following me for too long. I take different routes so I’m not always driving the same way.”

In addition to the trauma associated with the incident, they are also frustrated by the slow processing of the case through the court system, Burton said.

According to court records, the case was dragged out by numerous adjournments while evidence was collected and the case was built.

Because of another gun case involving Burton’s cousin, the prosecutor also changed during the trial. Steven Sonnega, the elected prosecutor of Morgan County, was assigned to the case on March 21, court records show.

The case finally ended on July 18, when Marsh entered a guilty plea and was sentenced by Judge Douglas Cummins.

Sonnega thanks Detective James Bryant of the sheriff’s office for keeping him updated on the investigation and for making a great effort to follow up on additional leads in the case, he said.

Marsh initially faced a Level 5 charge of criminal recklessness with a deadly weapon, but the charge was reduced because none of the shots fired hit the car and no one was injured, Sonnega said.

“I know this sounds very legalistic, but until the penalties are increased, we have to work with the laws as they are written,” he said in an email.

By ending the case with a confession, the victims would have avoided having to testify in court and reliving the trauma of the incident inflicted on them, he said. The sentences would also ensure that the accused goes to prison, he added.

Burton said she was glad there would be a prison sentence, but felt the sentence for shooting someone with a gun was too lenient.

“I feel like the whole thing was just botched, to put it nicely, and not done in the interests of the victims,” ​​Burton said. “It was a win to hear him admit that after he was bashing us on social media (and talking about) that he didn’t do it. However, I think there should be a longer sentence because he fired three live rounds and minors were involved.”

Although they were not hit, they felt their lives were in danger and live with lasting trauma.

“I don’t think his sentence is long enough considering how long we have been in court since the situation occurred and the trauma he has caused us will last for the rest of our lives,” said another victim.

Although the sentence appears lenient, it is the recommended sentence for a Class A misdemeanor under Indiana law. Since the law provides for “up to one year,” the sentence could have been less under current law.