"Are you serious about supporting your child?" McCall asked Flesher. Flesher said he has been busy trying to pay household bills.
McCall was also concerned about the fact that six of Flesher's prior convictions were alcohol-related. Flesher does not believe he has an alcohol problem.
Considering his age, criminal record, employment, his status as a father and the nature of his offense, McCall sentenced Flesher to five years in prison on the burglary charge. This was suspended and he is on probation for five years. Flesher was ordered to pay a $125 law enforcement fee, provide a DNA sample and abstain entirely from alcohol. Flesher must stay out of alcohol-serving establishments and will be fitted with a bracelet to track his blood alcohol content.
On the charge of driving while suspended, Flesher was fined $250 plus a 35 percent surchrage, ordered to pay court costs and sentenced to 30 days in the Marion County Jail. Flesher was handcuffed and taken to the jail following the hearing.
"Mr. Flesher, it is time for you to get serious," McCall told him. He added that if Flesher did not, the defendant would be guaranteed to be going to prison. McCall told him he has an obligation to care for his child.
"I hope that you will live up to those responsibilities," McCall said.
Bull was disappointed in the judge's decision to suspend the prison sentence.
"We respect, but disagree," he said. Bull added that given Flesher's criminal history, incarceration was warranted. Bull said Flesher has repeatedly demonstrated an inability to be a productive member of society.