Gill
A Greenwood man was sentenced to work release and probation in an open plea for charges including arson and burglary.
Myjewel Elias Gill, 32, pled guilty on Sept. 24 to two Level 4 felonies of arson and burglary and a misdemeanor charge of resisting law enforcement before Johnson Superior Court 3 Judge Douglas Cummins. He admitted guilt in an open plea, which means that the judge decides the sentence based on the state’s advisory penalty. The advisory penalty was two to 12 years of jail time, with up to six years of jail time for each of the two Level 4 felonies.
Cummins sentenced Gill to three years of work release with Johnson County Community Corrections followed by nine years suspended to probation. For work release, offenders live at the county’s community corrections facility but are released to go to work.
In court, Deputy Prosecutor Stephanie Caraway didn’t ask Cummins to consider a specific number of years, she argued that Gill should serve jail time and said a fully suspended sentence doesn’t fit the nature and circumstances of the crime.
Gloria Davis, the 77-year-old widow who has lived in the home for 50 years, expressed concerns about the sentence to the Daily Journal.
The incident
The arson occurred around 11:30 a.m. June 11 at 1805 N. Main St., Franklin. Witnesses called 911 when they noticed a fire break out. Davis was not home at the time. She said she found out about the fire from a family member who called her while she was at the library.
Gill said in court he had been driving his car through the area with his son, his nephew and his dog on the day of the incident. Gill told police he stopped in the neighborhood to look for his dog, however, he said in court that he stopped to pick up a cat who he thought was his mother’s.
He got out of the car, ostensibly to look for the animal. He reportedly entered Davis’ backyard by jumping the fence and then entered her home by breaking glass in the back door.
Gill said in court he entered the home because he saw a picture of someone he knew. With a more clear mind, Gill said he didn’t actually know anyone in the photo. Likewise, Davis said she doesn’t know him.
As he walked around the house, Gill told the court he had “disorganized thinking” and his mind led him in different directions when he heard different sounds and saw different objects. At a point before he started the fire, he recalled looking at objects in his possession including a pencil and a lighter and tried to piece together what he should be doing at that moment.
At some point during what his attorney Brian Alsip called a “psychotic break,” he took a cross off the wall in Davis’ home and wrote “666” and profanity on it. He also used the lighter to set curtains in one of the bedrooms on fire. He doesn’t remember why he set the fire.
“Logically I would never do that, but I wasn’t thinking logically,” Gill said.
The memory issues and disorganized thinking Gill had that day may also be related to a health condition he is known to have, Alsip said. He was not taking medication to control this issue at the time of the incident.
Sentencing arguments
Alsip set up an argument that various things going on in Gill’s life, including car trouble, his parents’ health issues and other things led to the mental health episode. He also had trouble sleeping leading up to the incident and had called off work because of it.
Gill’s former boss spoke highly of him and said the graffiti on the cross is “out of character.” The former boss described conversations he had with Gill and said the two had talked about their faith during his employment. Gill’s sister testified that she was “shocked” when she heard of the incident and called Gill a “godly” man.
Though Gill claimed to have been experiencing a mental health issue when he committed the crime, he has never been diagnosed with a mental health disorder. Gill reported he had undiagnosed anxiety and depression, however, these things are not associated with psychotic breaks. A pre-sentencing report discussed in court said there was nothing in medical history that explains a psychotic break other than a possible side effect from a prescription medication that Gill used to take. However, Gill reportedly stopped taking this medication several years ago.
Based on the argument mental health issues were at the root of the crime, Alsip argued for a fully suspended sentence and for Gill’s case to be waived to mental health court.
Gill told the court he feels guilt and shame over the crime. He apologized and told Davis “it wasn’t aimed at you, it was just my problems spilling out.”
Caraway argued that a fully suspended sentence would be inappropriate based on the nature and circumstances of the crime and the harm to the victim. She also said the case may be more appropriately assigned to drug court. Though it can never be known what exactly happened the day of the arson, it seems more likely Gill’s actions are the result of drug use than a psychotic break given his lack of history of psychotic episodes.
This is based on Gill’s reporting he has a history of recreational drug use, though he says he hasn’t done drugs in more than two years. Gill reported he started smoking cigarettes again that day after quitting a year prior. Gill also reported being in the area near where he had done drugs in the past on the day before the incident. However, no drug test was taken on the day of the incident.
After hearing both sides, Cummins acknowledged in court it was difficult to come up with a sentence because of the circumstances and because it is hard to tell what caused Gill to take those actions.
On one side, Gill apologized and said he is willing to put in the work on his mental health. He may never have an incident like this again if he gets appropriate mental health care. However, Davis’ home is a “sanctuary” and because of the completely random nature of the crime, she is now “burdened by the thought that someone could walk in at any time,” Cummins said.
Cummins ultimately came up with the six-year sentence for both counts, to be served consecutively for a total of 12 years. As part of this sentence, he will have to take a substance use and mental health evaluation and comply with the terms of mental health court, Cummins said.
Though there is no jail time for now, Cummins warned Gill that if he appears before the court for a probation or work release violation down the line, he will end up in jail. He encouraged him to commit fully to the process of mental health court.
Davis speaks out
Davis has not been able to return to her home because repairs from the damage done in the fire are ongoing. She’s been able to find refuge with her son at his home in New Whiteland. Though it is nice to be able to see her son and grandchildren every day, she misses her home of 50 years.
The home had been her “safe haven” for all that time and it contains so many happy memories she has with her late husband and early memories of her children’s lives. The home nor her sense of security will ever be the same.
“I feel like this man does not even realize all he’s put me through. In that courtroom, I cried because I’m 77 years old and one of my biggest fears is I will die before they get my house done, I’ll never get to live in it restored,” Davis said.
Though Davis said she has forgiven Gill because God called her to, it doesn’t erase the harm he caused. The sentence seems light to Davis, especially comparing how a family member spent multiple stints in jail for simple drug use.
“I thought for sure they would put him in prison, but they didn’t ..,” Davis said. “I feel like they gave him a slap on the wrist.”
