TERRE HAUTE, Ind. (WTWO/WAWV) — A teen charged as an adult in relation to the case surrounding the murder of another teen has agreed to a plea deal with the state.
Cody Scherb, 18, Terre Haute, agreed to the deal Thursday, Dec. 8. As part of the agreement, Scherb will plead guilty to a charge of dangerous possession of a firearm, a level 5 felony, and one count of theft of a firearm, a level 6 felony.
According to a probable cause affidavit, Cody Scherb, 17, Terre Haute, was inside the gas station at 13th and Poplar streets when the shooting occurred. 15-year-old Chloe Carroll of Terre Haute, was shot around 12:30 a.m. on July 23, 2021 in the parking lot of the Hoosier Pete Mini Mart. Carroll was taken to Union Hospital where she was pronounced dead.
The deal calls for the state to issue a joint sentencing recommendation of 6 years in prison, suspended while the defendant is placed on probation for the same length of time. Scherb will be placed under formal probation for at least two years. After the two-year period subject to the discretion of probation officers, his probation could be converted into “informal probation”.
Scherb, having been booked into the Vigo County Jail in May of this year will receive credit for time served. The number of days credit has not yet been determined. An official with the Vigo County Prosecutor’s Office explained that would be determined if and when the judge accepts the plea deal.
As part of the probation, the deal calls for Scherb to report to the Hamilton Center for evaluation by their counseling department, submit to random drug tests, and abstain from using alcohol and controlled substances.
Scherb will also be required to pay restitution of $500 as well as paying a Safe Schools Fee of $200 to the Vigo County Clerk of the Court’s office.
A sentencing date has been scheduled for 1:30 p.m. on January 12, 2023.
Another teen charged in adult court in relation to the death of Chloe Carroll is Montez Ellington Jr., who has been charged with murder among other charges.
Ellington, through his representation, was denied a motion to dismiss by the Vigo County Juvenile Court. Ellington then filed a motion for interlocutory appeal with the Indiana Court of Appeals over that decision. On Oct. 21, the court agreed to hear the argument, which puts a stay on the current murder charge timeline as each side has time to file their information with the court of appeals before a decision can be made.
At question is whether the Vigo County Juvenile Court had the ability to waive its jurisdiction to allow Ellington to be tried in adult court.
Vigo County Deputy Prosecutor Rob Roberts said that the earliest they expect a decision from the Court Of Appeals is March of 2023.
