State of Indiana ) Marion County Superior Court Criminal Division, G01 ) 200 East Washington Street; Indianapolis, IN 46204 ~ vs ~ ) Judge, Kurt Eisgruber ) Shawn Wilson ) Cause No: 49G01-1402-MR-007060; and ) Cause No: 49G01-1402-FD-007376 RE: Personal statement on behalf of victim, Daniel Jaffke I, Tammy D. Moon, present to this court on this 11 th day of August, 2014 my personal statement on behalf of my personal friend and the ultimate victim in this case who lost his life, Daniel Jaffke. By my hand I make this representation to you in truth, in honor and with just cause for consideration that is to be made in the sentencing to be decided upon the Defendant, Shawn Wilson. ***** Your Honor, with great respect I address this to you and to your court: Sometimes, when we meet people in our lives we do not always think about the impact that knowing them will have upon who we are, who we will become, the lessons we will learn from each other, etc. There will be good times, and bad times; some may stay around for a short while, and some may stay around longer – but, no matter what, and without doubt, each and every person we meet has a specific and distinct part in the whole of our lives. What we also do not think about is how we each intricately impact the lives of others who we do not know; and how that delicate interconnected relationship we have with someone else, impacts a common friend, relative, co-worker. When, through a series of events, something happens, the impact that is placed upon the lives of the one, or more, changes that person or group and those changes effect, even if it is only small, the dynamics of the relationships between others who did not know the other personally or directly. On the evening of June 13, 2011 I went to the home of very close old childhood friends of mine to spend time with them. On that evening their neighbor, Derek Hanson, stopped by along with his best friend, Daniel Jaffke. On that evening I had no idea that I would be sitting here three years and two months later writing this because Daniel’s life would be cut short due to the senseless act of which Shawn Wilson deliberately chose to commit against Daniel. Shawn Wilson never knew Daniel, but I did get the opportunity to know Daniel. Shawn Wilson’s decision to take Daniel’s life has affected the lives of those of us who knew Daniel and 1 called him friend. As well as, by extension, Shawn Wilson’s actions affect the lives of those who also share that one common friend because what impacts our lives impacts what changes us as a whole person and that change carries over to others we are friends with. Because of Shawn Wilson’s decision to take the life of Daniel, who I called friend, who I got the pleasure of knowing personally and shared some common interests with, my life (and the lives of those I am friends with) will be forever different – because it changed me. We all know this to be a clear truth. And, because it is a clear truth our legal system in this country allows the ability for people who were family and personal friends of a murdered victim to write statements to you, Your Honor, and to the court as a whole. Statements that speak on not just who Daniel was, but also on how much our lives – your lives, the community – will be effected because of the crime Shawn Wilson has committed. Daniel’s life played into my life. And, as I sit here writing this, I tell you now I will never forget him, and I absolutely will not forget the night his life was stolen from him, and from us. The moment I heard on the news – before they even released his name – I knew! I knew my friend, our friend, was gone. I knew, all of us who knew Daniel knew, before they had even called to have his body identified that Daniel was gone. The mere fact that they mentioned his car, the area he was delivering pizza’s at, and that he worked for Papa Johns was all it took. Within moments of hearing of it on the news I, and many others, went to his social media page to check up on him, sent him private messages, sent text to him, called him asking and saying – “Daniel, are you okay? Daniel, please message back! Daniel, you’re gone, aren’t you? Daniel, it’s okay; you will never be forgotten!” That moment in time stood still for many of us. That moment in time has made some of us, including myself, fear that we may lose again someone else – causing, not just me as I have discovered, but several of us to constantly message, call and check up on others who we love, who we are friends with, who are endearing to all that we “are” individually. Daniel. When his life was taken a piece of our own was taken also. Your Honor, September 20th, 2013 marked the beginning in my life in which in less than a year seven of those that I called “friend” were murdered! It changed me as a “person,” in not just the things I “do,” but in the things I stand for, and the things I believe(d) in. Three of those were IMPD law enforcement officers – who I got to know through work I do; another one was like a child of my own, and a former student that I taught; two 2 I had known through various activities related to religious events – and who were murdered less than twentyfour (24) hours after the young man who I considered like my own child; and Daniel – who was number five of those seven – was murdered while trying to just work so he could live for something better in life, something he dreamed of becoming. How do you think that their lives, Daniel’s life, has played the intricate parts of how all of us are? How losing them had effected not just me, but effects every single other person who knows us each individually and calls us friend – even if they do not / did not directly know Daniel / or all of the other six? For those that know me well, they “know” that I will speak up, stand up, and “do” because of who Daniel, and this goes for all of the other six, was as a person, as a friend in my life. Those who know me well know for a fact that I live my life by the philosophy that my father, who is now gone himself, instructed upon me: “Do what is right, do what is just, be honest, remember God is always with you, and you will be just fine.” I am doing that right now. I am not doing it for me, I am doing it for Daniel Jaffke – for IMPD Officer Rod Bradway – for Tyler Webster – for Marilyn & Kelley Erb – for IMPD Officer Kim Carmack – for IMPD Officer Perry Renn; just as I would if it were for anyone else who I know and call friend! Their lives not only changed my life, but because of that change in my life it effects every single one of those in my life personally as family, as friends, and professionally. Just ask those certain few who I annoy with daily texts just to make sure that they are okay because I care that much and fear losing, like we lost Daniel. I have always believed that there is a reason why people come in, and go out, of our lives. I believe that it is better to find the importance of the lessons we learn each day from those individuals because without doubt in some strange way someone else in this world will need the ability to learn from us how the experiences with different people can help them grow. Daniel has helped me to grow as a person. Daniel has helped me to value things that I once took for granted. Daniel has encouraged me to never give up on dreams and no matter how hard it sometimes is to reach those it is worth all the effort. Daniel reminded me that we all may stand on different “stages,” but the “music” of our lives play out only in the way in which we choose to let it be – and whether that is good or bad depends upon just how much we are willing to keep striving, keep practicing, keep going, never giving up, and believing in the word “unconditional”. Daniel taught me that if we each 3 individually follow the tune, that even though of different chords, together we each can make the music of our lives a beautiful masterpiece. I lost seven members of my “life band,” including Daniel in less than a year. What do I do with that? What will I do with that? How does that change effect my “chord”? How is that, by extension, going to affect others who know me? Those are the questions often asked of those of us who are left behind after a person like Shawn Wilson commits such an act with no regard. Well, Your Honor, I not only think I have explained such questions well here in my statement to you; but, being one that has seen, and felt, how such an impact can have on those who are family, who are friends, and by extension others present within court, and I wouldn’t be surprised if even personally in some small way – you already know the answer of what I am doing and will do. I will do whatever it takes of me to help make certain that we all can sleep at night and not fear whether any of us will wake in the morning to learn that someone else did like Shawn Wilson, and the others, and take the life of someone who we care so much about – such as I had to hear seven times in less than a year. Since Daniel’s murder (and all the other six) Senator Jim Merritt – and the rest in both House and Senate – and Mayor Ballard, and our law enforcement, and even our courts put in place a mandatory sentencing on acts of crime committed with a gun. Yes, one could give a sentence based upon the sentencing regulations prior to those changes – as is practice; or, one could decide to base it upon case precedence giving one similar to that which was given in State of Indiana v. John David Smith, II (29D01-9806-CF-000051; and 29C01-9701-CF- 000003). In that case, unfortunately, I know first hand how the actions of John David Smith, II affected even his own family. How it personally affected the life of one of his half-sisters, and how even she still to this day says that by his being behind bars with no chance of parole until he has completed his consecutive ninety-six year sentence our community is safer; and justice was rightfully served. I ask, please, consider a similar penalty in this case for Daniel. He deserves justice, and we as his friends, and as a community need to have a peace of mind that Shawn Wilson will never be able to coldly harm another again. I know, right now at this very moment, how much this case, and others, weighs upon you. It is selfevident as such comes with the position in which you hold. The decision you make affects a whole lot of people who knew Daniel, as well as those who may not have known Daniel, but by extension are affected in 4 some way because of us who did. That makes for a very tough job. I know, and will respect, whatever decision you make on Shawn Wilson’s sentencing, because I know that you will take every person’s statement of impact into great consideration. In that, for Daniel, for this case, I pray that you will also take into consideration how standing up against such individuals who commit such acts, as Shawn Wilson did here, impacts all of us in this community. As for me, as for how I am going to “be” impacted by all of this as one who was Daniel’s friend – and the other six – well – I guess all I can say is this: I will follow what I know I am lead to do by God and whatever that may be I am assured it will be doing “what is right, what is just, what is honest” for those in which it will help serve in the greater good. That is just who I have become. Daniel will never be forgotten by me and I will do my best to serve in his memory no matter what it takes until I draw my last breath, and maybe the “music of my life” will continue on “in harmony” with Daniel’s because he is one of many in my life who has showed me how just by them being who they “are.” Your Honor, you are in my prayers as you sit and make this decision. Thank you for your time, thank you for your consideration of my statement, and thank you for serving the people in not only Marion County, but when it comes to cases like this – you serve the whole state of Indiana. With great and sincere respect: Tammy D. Moon Friend of Daniel Jaffke and his family 4619 West 79th Street | Indianapolis, IN 46268 Cc sent by USPS on the 11th Day of August, 2014 to: Allan Reid, Defendant’s Counsel | 151 N. Delaware St; Suite: 200 | Indianapolis, IN 46204 Marielle Bryce Vincent, Prosecutor | 251 E. Ohio St | Indianapolis, IN 46204 5
Posted on: Tue, 12 Aug 2014 16:21:13 +0000