The Herald Bulletin

Morning Update

Cops, courts and fires

December 3, 2013

Sentence upheld for convicted carjacker; victim 'relieved'

ANDERSON — A man who received a 38-year sentence for carjacking and threatening an elderly woman had his sentence upheld on Tuesday.

Jimmy Nave Jr., 34, of Anderson, had his appeal denied by Judge Paul Mathias of the Indiana Court of Appeals. Nave was originally given a sentence of 38 years, with 35 executed in prison, in July by Madison Circuit 4 Judge David Happe. After a one-day bench trial on June 18, Happe found Nave guilty of kidnapping, a Class A felony.

On Feb. 16 in a Mounds Mall parking lot, Nave jumped into the backseat of an 81-year-old woman's car, allegedly held a knife to her neck and told her to drive.

Several police officers who investigated the case testified, but key information came from the victim, Nave’s mechanic and a witness who watched the incident unfold.

Nave also testified, telling the court he jumped into the car because he saw someone back into his vehicle in the parking lot and was trying to track down the person responsible. He admitted to getting into the woman’s car and yelling at her, but said he only did it out of frustration. Happe said the story was implausible, and found Nave guilty.

Nave was also convicted of attempted carjacking, but the charge was negated Monday when it was determined the two charges violated double jeopardy.

Happe used Nave's criminal history as a leading factor in levying the lengthy sentence. In 2000, Nave and his brother robbed a bank at gunpoint and tried to abscond to Tennessee. They were eventually convicted and Nave spent time in a federal prison for the crime. He was still on federal probation when he attacked the woman in February. At sentencing, Happe encouraged Nave to stop denying and take responsibility for his actions.

In his denial of the appeal, Mathias agreed that the sentence was slightly higher than typical for a Class A felony, but nowhere near the maximum of 50 years. He wrote that considering Nave's history and the nature of the offense, the sentence was appropriate.

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