VALPARAISO | A Valparaiso man is arguing a court erred when sentencing him four weeks ago to the maximum six years behind bars for attacking another man with a knife on March 12, 2012.
A motion filed on behalf of 28-year-old William Tyler argues his actions were the result of his untreated mental disease and traumatic brain injury.
If Tyler is transferred to the Indiana Department of Correction, his mental health condition will remain untreated and will likely deteriorate, leaving him in worse condition when he is released, according to his attorney Mitchell Peters.
Peters said the probation department recommended a reasonable sentence of eight years, with immediate release and the balance served on formal probation with the requirement Tyler undergo mental health treatment. Tyler had served 602 days as of Monday.
A hearing is scheduled for Nov. 25 before Porter Superior Court Judge Roger Bradford, who carried out the original sentence.
Tyler uttered a series of profanities and voiced frustration after being sentenced Oct. 7 to the maximum term for attacking another man with a knife on March 12, 2012. He is to serve two years on probation following his release from prison after pleading guilty but mentally ill to a felony count of battery in the attack on 19-year-old Marco Tomich.
Bradford said at the time of sentencing he took Tyler's mental health problems into consideration, but also his history of criminal behavior and his being on bond at the time of this offense.
Peters said in his motion that Tyler has a significant criminal history of substance abuse, but no prior violent crimes on his record. He said a pastor has agreed to "facilitate a suitable living arrangement" upon Tyler's release.