Former NFL Quarterback Mark Sanchez Now Faces Felony Charge

(0:00) I’m the Marion County Prosecutor here in Indianapolis, Indiana. (0:04) And for those of you who are certainly familiar with how the criminal justice (0:07) system works here in Indianapolis, on Saturday we were presented and (0:11) submitted a probable cause affidavit from IMPD that kind of contained (0:15) an initial outline of the allegations that occurred early Friday night, (0:21) early Saturday morning involving the defendant Mark Sanchez. (0:26) An initial probable cause affidavit was filed and (0:28) we made a preliminary charging determination based on that information.

(0:32) As is always the case, Chief and his team continue to work on this matter, (0:36) continue to track down additional details for us and (0:39) really supplemented that probable cause affidavit. (0:42) I cannot say enough good things about the work that took place at IMPD. (0:46) There was a ton of information to sift through and (0:48) gather, did an excellent job of acquiring that information.
(0:52) And as a consequence of that effort, we received an amended or (0:56) an additional probable cause affidavit this morning. (0:58) Again, this is something that happens in virtually every case here in Marion County. (1:02) And with that additional information, (1:04) we have added more serious charges against Mr. Sanchez.

(1:09) At this point in time, we have filed a felony charge, a level five felony (1:13) of battery involving serious bodily injury, which contains a penalty of one to six years. (1:20) One of the things that I wanna stress to everybody is that we are still (1:24) in the early stages of this investigation. (1:27) Chief and his team have a number of search warrants that are still outstanding.

(1:30) They’re still tracking down additional information. (1:33) This is by no means the end of this investigation. (1:36) This by no means means that these are gonna be the final charges that we move (1:39) forward with.

(1:41) We could not have done this case and (1:43) be in a position to make today’s charging decision without the hard work of IMPD and (1:49) people in the community who came forward with information and (1:51) pointed us in the right direction. (1:53) And we’ve gathered a ton of information. (1:56) One of the challenges you have in a case like this is the fact that you’re dealing (2:00) with individuals who are receiving medical care.

(2:02) And that’s obviously the most important thing that individuals are treated (2:07) appropriately. (2:08) But once we were provided with additional information about the victim’s (2:13) current medical condition, it became clear to us that additional charges needed (2:17) to be filed. (2:18) There’s a supporting probable cause affidavit which was filed with the court (2:22) today which outlines the additional information which we have received (2:25) thanks to the effort of IMPD.
(2:28) And that’s why we were able to file the charges. (2:32) Couple of things just about this incident. (2:35) Certainly the thing that stands out to us is this was a situation that did not (2:40) need to occur.

(2:42) You have the allegations involve a 38 year old man becoming involved in (2:47) an altercation with a 69 year old man who sustained significant and (2:52) very severe injuries as a result of that altercation. (2:55) The probable cause outlines kind of the initial nature of that dispute. (2:59) We are literally talking about people fighting over a parking space.

(3:03) And or a dispute about where people are parking and (3:06) it resulted in someone receiving just incredibly significant injuries. (3:11) Where this incident took place was an area of the city which was very well covered by (3:16) surveillance footage. (3:16) There are multiple angles of surveillance footage which capture (3:21) the events that occurred.

(3:23) And in addition, we had a number of civilian witnesses who came forward with (3:26) provided information about what took place. (3:29) For us though, we need additional information and (3:32) chief’s team is working on that. (3:35) And once we receive that additional information, (3:37) additional charges might be appropriate to file.

(3:40) In a case like this, one of the things that you are considering is where people (3:43) are coming from, where were people going, what were they doing? (3:46) And then once individuals receive medical care, (3:49) we’re obviously very interested in what those medical records look like. (3:51) Because they can a lot of times give us greater insight into what was going on (3:56) that day, and potentially provide some information into an individual state of (4:00) mind. (4:01) And so with that, I’ll turn it over to Chief Bailey.

(4:04) Thank you, Prosecutor. (4:05) First and foremost, I wanna say that my thoughts and (4:08) prayers are with the victim in this case and his family. (4:10) As he is on the road to recovery.

(4:13) I also wanna just express just how proud I am of the officers and (4:18) detectives of this police department who those early morning hours of Saturday (4:23) rushed in to provide medical care and find out what was going on. (4:27) And then spent the next really two full days putting this case together to present (4:31) to our partners at the Marion County Prosecutor’s Office. (4:34) All of them, including deputy prosecutors, including the prosecutor himself, (4:38) worked all weekend nonstop to bring those initial charges.

(4:42) And as he said, we continue to work on this case to find additional information, (4:47) additional evidence, and additional witnesses to make this case stronger. (4:51) The professionalism that we saw from our teams is what makes this department one (4:58) of the best in this city, one of the best in the country. (5:00) And their commitment to our community and (5:02) keeping downtown and every neighborhood in our city safe was evident.
(5:07) Downtown Indianapolis remains a safe and welcoming environment for (5:12) the people that live here and the people that visit here. (5:15) It remains one of our safest neighborhoods. (5:19) To date, violent crime is down 5% in downtown.

(5:23) Property crime is down 11%. (5:24) Overall crime is down 10%. (5:27) And across our city, violent crime is down 21%.

(5:30) That is because of the hard work of all of our partners in the criminal justice (5:35) system, including Prosecutor Mears, and the work of our detectives, (5:39) the work that we see from our Office of Public Health and Safety, and (5:43) the work of our boots on the ground community-based organizations who (5:46) every day are doing their part to make our city safe. (5:49) But I wanna be clear about this, I don’t care who you are. (5:54) I don’t care what you do for a living.
(5:57) I don’t care where you live. (5:59) If you come into our city, commit violence, (6:02) we will use all the tools at our disposal to hold you accountable. (6:07) As we move forward, IMPD will continue to maintain our strong, (6:11) visible presence in downtown on those high visibility, (6:15) high traffic weekends at major events to make sure that our community is safe.

(6:21) And I continue to urge our community to respect one another. (6:25) As the prosecutor said, this did not need to happen, it just did not. (6:31) We need to recognize our differences, respect those differences, and (6:36) deal with our conflict without resorting to violence, because it’s just not worth it.

(6:42) I appreciate the cooperation of our community, and the downtown residents and (6:47) businesses who continue to support their police department, each other, (6:53) and work with us to solve our problems. (6:56) Thank you, and now we will take some questions. (6:58) Hi, mayors, prosecutors.

(7:01) Are there any laws on the books that state that charges will be up based on (7:05) any of the victim’s age, especially if this person is elderly? (7:08) So traditionally, that’s more of a statutory aggravator as it relates to (7:11) sentencing. (7:12) And so one of the things that the court can consider when they’re trying to impose (7:16) a sentence, as I mentioned, this is a level five felony, one to six years. (7:20) One of the statutory aggravators is the age of the victim, and (7:23) certainly that is something that the judge can consider when they’re imposing (7:26) a sentence.

(7:27) Did investigators take a BAC level from Sanchez? (7:31) Well, anytime anyone’s admitted to the hospital, (7:33) there’s a number of things that are conducted as just kind of a matter of (7:36) routine and a matter of procedure. (7:38) And I think as you work through the process, (7:39) certainly their health records are protected. (7:42) We have to go through that process of making sure that any information that we (7:46) receive is obtained through the proper channels, and (7:48) I know the chief’s team’s working on that.

(7:50) Do we know if investigators have had a chance to talk to any of Sanchez’s (7:54) associates to piece together what his Friday night was like before this happened? (7:59) I can’t answer exactly what step in the process the investigators are at, but (8:03) as the prosecutor mentioned, just because charges are filed doesn’t mean the case or (8:08) the investigation stops. (8:09) So the investigators will be looking into all those things, and (8:12) I think the medical records are gonna be extremely important for (8:15) both individuals to help the prosecutor make a charging decision to see if (8:21) there’s some other way to, another charge needs to be added, but also to see if (8:25) there were some sort of altered state of mind of the individuals involved in this (8:30) incident. (8:30) Does the felony mean his bond has now changed? (8:34) So as you know, we’re currently assigned to a misdemeanor level six court with (8:38) the additional charges.

(8:39) This case will be transferred to a major felony court, and (8:43) then it would be up to that major felony court to make the determination as to (8:46) whether or not a bond should be imposed regarding the new charges. (8:49) Again, these new charges are supported by an amended probable cause affidavit, (8:53) which goes into way more detail about what took place on that night, and (8:56) also more clearly outlines the nature and extent of the victim’s injuries in this (9:00) case. (9:01) How does the state’s self-defense law play into this and the allegations? (9:06) Well, certainly Indiana has some of the most robust self-defense laws in (9:10) the nation, and that’s always gonna be part of the equation when you (9:15) evaluate cases like this and trying to determine exactly what took place.

(9:19) And it will certainly be at the center of this particular trial, as well, (9:24) when we have conversations about were people acting reasonably or not. (9:28) And in Indiana, you have no duty to retreat. (9:31) And so those are all things that you need to consider in terms of when you make that (9:35) initial charging decision, those facts have been evaluated, and (9:39) certainly the self-defense law is gonna be an issue that will be raised at trial.

(9:44) Last question. (9:45) You tweeted yesterday for the first time in three years, (9:48) criticizing the governor for his quick take for political gain. (9:52) What’s your reaction? (9:55) Well, for me, the most important thing is that we get information out there (9:59) that is accurate, and any time people jump to conclusions and (10:02) don’t rely on facts, that’s obviously disappointing.

(10:06) For us, though, we have conversations about what’s taking place in Marion County. (10:11) When those types of things are said, it’s not really an attack on me, (10:13) it’s an attack on 420 people who work in the prosecutor’s office, (10:17) who are dedicated to their job. (10:19) And we’ve won 31 out of our last 34 murder trials.

(10:23) We’ve won the last 10 murder trials in a row. (10:26) And if the governor has conversations about what’s going on in Marion County, (10:29) not only can he look to those stats, but he has an open invitation to come to (10:32) the prosecutor’s office and not only meet with me, but (10:34) the people who are in the courtroom every single day fighting for those convictions. (10:38) We don’t get those records and we don’t get those results without Chief Bailey’s (10:42) help, without the community’s help.

(10:44) And so if the governor thinks that he can add to that conversation, (10:49) if he says, hey, there’s additional things that can be done to help, (10:52) we always wanna have that conversation. (10:55) Where I think my frustration sometimes comes from is everybody’s quick to blame (11:00) and point fingers. (11:01) We need substantive responses that actually address the challenges that we’re (11:04) facing and give everybody the tools and resources that they need to be successful.

(11:08) I feel very comfortable with where we are in terms of our murder conviction rate. (11:13) But we can’t do that without Chief Bailey. (11:15) We can’t do that without the community.

(11:16) And if the governor thinks he can assist, he’s got an open invitation to come. (11:19) For both Ryan and Chris, considering Indiana is a constitutional carry state. (11:26) And as you pointed out, self-defense statute is very broad.

(11:30) How lucky are we that somebody’s not dead of a gunshot wound? (11:33) Well, there’s, go ahead. (11:36) I mean, that’s, I mean, we’ve seen over the last several years, (11:40) the number of cases that have to be screened from the prosecutor’s office. (11:44) And look through that lens of self-defense, I think, go up.
(11:48) And that’s because a lot more people are armed and protecting, (11:52) which is their right that they have. (11:55) But when conflicts, which I’ve said repeatedly, (11:57) continue to drive violence in our community. (12:00) Simple conflicts over things like parking spots.

(12:02) And the list goes on and on that we’ve seen over the last several years, (12:06) these tragic cases that turn violent because someone has a weapon of any sort. (12:11) But we’re lucky that no one’s dead right now, (12:14) as a result of this incident that involved a knife. (12:17) But certainly, more people have guns.
(12:21) And we have to be mindful of that as we start and (12:24) deal with conflict in our community.