21 year old Fabian Rubio was sentenced to 65 year in prison on Thursday morning in Marshall Superior Court I.
Last month Rubio pleaded guilty to the charge of murder of 15 year old Desi Jones whom he killed in December 2014.
In a standing room only court room the prosecution presented their case for the maximum sentence of 65 year pointing out the aggravating circumstances including his history of juvenile offenses and numerous conduct violations while being incarcerated in the Marshall County Jail for 400 plus days Deputy Prosecuting Attorny Tammi Napier had the two county detectives explain the mutilation Rubio had done to Desi’s body and the viciousness of the attack.
Tom Black, Rubio’s court appointed attorney tired to downplay his clients juvenial record noting there were only two offenses. He also used Fabian’s age, 19 at the time of the crime as a mitigating factor along with this service to the country being in the National Guard and accepting responsibility for the act and admitting his guilt last month.
Judge Rob Bowen told those crammed into the courtroom that the advisory sentence for murder was 55 years with mitigated circumstances being a low as 45 year or aggravated circumstances taking it as high a 65 year. Judge Bowen said he took into consideration the mitigating factor that Fabian Rubio had pleaded guilty saving the family from a horrible court case but said the aggravating circumstances were overwhelming.
Judge Bowen sentenced 21 year old Fabian Rubio to 65 years at the Indiana Department of Corrections with his sentence to run concurrently with his remaining two years on the conviction of Sexual Misconduct with a Minor in another case. He was also charged $1 court cost and a judgment was entered for the $9,400 in funeral expenses to the Jones family.
