A South Bend man got some time in prison shaved off after his victorious appeal got him resentenced to lesser time.
27-year-old Irwin Scott was behind the wheel of an SUV that crashed while trying to flee police on Wilbur Street on Oct. 12, 2016. Inside the vehicle were two twin siblings that ended up ejected from the vehicle. The sister made it out without major injuries, but the South Bend Tribune reports the brother twin suffered major injuries, including brain trauma and four broken limbs.
This week, Scott was resentenced to 17 years in prison total: 15 years for Failure to Remain at the Scene of an Accident and two years Resisting Law Enforcement. His original sentence convicted him on two Failure to Remain sentences and, when all three were combined, gave him 22 years in prison.
However, the Indiana Court of Appeals ruled that Scott could not be convicted on both counts because of double jeopardy, despite each charge belonging to each child. One of the counts ended up vacated, and thus, Scott saves five years on his prison term through resentencing.