COA affirms sentence for man involved in fatal police chase

A man who fled from officers in a vehicle chase that resulted in the death of two children and their father will serve his 15-year sentence behind bars, the Indiana Court of Appeals has affirmed.

When Evansville police officers attempted to stop Frederick McFarland during a traffic stop in November 2017, McFarland led the officers on a chase through several stop signs. During the pursuit, McFarland struck another vehicle containing a family of four. Two minor children in the vehicle died from their injuries, as did their father, but the children’s pregnant mother and her unborn child survived with serious injuries.

McFarland was transported to the hospital where he was treated for his injuries and ultimately tested positive for cannabinoids. He was subsequently charged and pleaded guilty to three Level 3 felony counts and one Level 5 felony count of resisting law enforcement.

The Vanderburgh Superior Court determined that aggravators outweighed mitigators and sentenced McFarland to concurrent 15-year terms on the three counts of resisting law enforcement as Level 3 felonies and concurrent to those sentences a five-year term on the count of resisting law enforcement as a Level 5 felony.

McFarland appealed but the Indiana Court of Appeals affirmed in Frederick Obryan McFarland v. State of Indiana, 20A-CR-00808, declining to reduce his sentence. The panel concluded his offense was sufficiently egregious to justify a deviation from the “typical” offenses of Level 3 felony and Level 5 felony resisting law enforcement warranting a nine-year sentence.

“Indeed, prior attempts at rehabilitation have failed and McFarland’s criminal history includes probation violations and contempt of court, which shows that he has not changed his behavior. Moreover, the instant offense represents an increase in severity from his prior convictions, which reflects poorly on his character,” Judge James Kirsch wrote for the appellate court.

“We cannot say that McFarland has shown ‘substantial virtuous traits or persistent examples of good character’ such that his requested reduction of his sentence is warranted based on his character. Therefore, McFarland has not shown that his sentence is inappropriate in light of the nature of the offense and his character,” it concluded.