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Appeals court rules Cody Garman's good time credit improperly denied

The Indiana Court of Appeals has reversed and remanded part of Cody Garman's involuntary manslaughter sentence for the death of David Swartley.

Swartley was critically injured when Garman beat and kicked Swartley following a sexual encounter. Garman did not get Swartley life-saving medical attention, court records said.

A jury found Garman guilty of involuntary manslaughter in March 2018. In April 2018 he was sentenced to six years in prison, three years for the advisory sentence and three years for the aggravating factors in the case.

At trial it was revealed Garman had attempted to get a friend to contact one of the jurors and allege she knew someone Swartley had raped. He also asked the friend to convince his own grandmother to make the same allegation, according to court documents.

Garman admitted to asking his friend to contact a juror, although the juror was never contacted.

Because Garman attempted to commit a crime while in jail awaiting trial, the judge awarded Garman credit for time served, but refused to give him good time credit.

Court records say the Elkhart County judge stated, "While you were incarcerated, you attempted to tamper with my jury, and you admitted it on the stand. And there is no way on God's green earth I am giving you good time credit for that behavior."

The appeals court reviewed the case and found the court was required by Indiana law to hold a hearing in order to deny Garman good time credit, which would amount to one day of credit for every three days in jail.

The court has remanded the case to the trial court for a hearing on whether Garman should be given or be deprived of good time credit.

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