INDIANAPOLIS — A 34-year-old Indianapolis man who was seriously hurt as an infant in 1988 has died of his injuries, according to police.
Patrick Mitchell was two months old when he was injured on Jan. 6, 1988, in the 500 block of Vine Street. A news release from the Indianapolis Metropolitan Police Department said Mitchell died of his injuries Saturday.
The Marion County Coroner’s Office determined Mitchell’s death to be a homicide. It will be counted as a 2022 homicide, according to IMPD.
In 1988, 22-year-old John Coleman was convicted of felony battery resulting in serious bodily injury and served time in the Indiana Department of Corrections.
IMPD initially said the Marion County Prosecutor’s Office determined Coleman cannot be charged with murder due to the prohibition of double-jeopardy.
However, the department issued a correction Monday afternoon saying the prosecutor's office has not yet made a determination if double-jeopardy will be a factor.
Joseph Hoffmann, the Harry Pratter Professor of Law at Indiana University Bloomington, called the case "legally complex" with questions involving Indiana and federal U.S. Constitutional law.
"The obvious question in a case like this is 'what is the same offense?' Is the battery that he was convicted of back in 1988 the same offense as a potential homicide charge today?" Hoffman said.
IMPD told WRTV in an email Monday night that they don't have information on whether or not Coleman was convicted by a jury or if a plea agreement was reached. Hoffman says that and other factors could play a role in whether or not new charges are filed in this case.
"It's not a clear cut situation. To be honest, the Indiana law of double jeopardy is a little bit in turmoil right now because the lower courts in Indiana are trying to make sense out of the new test that was declared by the Indiana Supreme Court, and it's not 100% clear how it would come out as a matter of Indiana law," Hoffman said.
"IMPD will make additional investigative steps and will then present the case to the MCPO’s for a determination if charges are possible," IMPD Lt. Shane Foley said in an email.
Hoffman says the fact that Mitchell was a minor will have no effect on double jeopardy but will affect what crime Mitchell was charged with back then and under current law.
You can watch previous WRTV reports on Patrick Mitchell's injuries below.
-
Ruoff Music Center to now require parking passes for on-site parking
If bought online in advance, parking options start at $20. Buying parking passes on the day of the show will start at $25. There are other options for VIP parking.Local AI company could change how packages are delivered and stored
Arrive AI would allow drones to drop a delivery in a secure mailbox. The box is climate-controlled and password-protected.IMPD Chief asking Statehouse to allow red light cameras in Indianapolis
IMPD Police Chief Chris Bailey believes red light cameras could help the department during staffing shortages.Man sentenced to 20 years in prison after shaking infant son to death in 2021
An Indianapolis father will spend over 20 years in prison after telling detectives “I lost my cool” when prosecutors say he caused the shaken-baby death of his 4-month-old son.