Thomas Given Home Detention, Probation for Weybright Arson
Published: Friday, January 6, 2023
The second person charged with a string of Elkhart County barn arsons will serve a 10-year sentence through home detention and probation. But the judge warned that any further violation will result in prison time.
Sherry L. Thomas, 33, of Nappanee, was remorseful when given the opportunity to speak before Judge Stephen E. Bowers in Elkhart Superior Court 2 on Tuesday morning.
"I just want to say that I am so sorry for everything," she said. "I can't imagine what they (the victims) went through and what they are still going through. I apologize to all of the victims in this case."
Earlier, Thomas' attorney, David Francisco, argued for leniency. He pointed out that Thomas' co-defendant, Joseph Hershberger, drew her into these crimes due to his "psychopathic" personality.
"It was Joseph Hershberger, your honor, who had, what was described frequently in this case, as the itch," Francisco said. "Basically, the impulsive desire to want to destroy, to want to burn."
He said that Thomas does not have the "itch" but went along with Hershberger's plans because she was in a relationship with him and was financially dependent on him.
According to Francisco, Thomas had a difficult childhood. In addition to losing her father due to suicide, Thomas was sexually abused at age 11 and attempted suicide at age 12. At the time the arsons were committed, Thomas, her attorney said, was drinking heavily on a daily basis and had been diagnosed with a mental health disorder. She has three young children.
Francisco urged Judge Bowers to not use the same "heavy hammer" that he used in sentencing Hershberger.
Last month, Hershberger pleaded guilty to eight counts of arson and was sentenced to 50 years in prison.
Through a plea agreement with prosecutors, Thomas admitted guilt to just one count of arson, which occurred on Oct. 1, 2021 at a farm owned by Garry Weybright of Syracuse. The other seven arson charges, plus an additional count of contributing to the delinquency of a minor, were dropped.
Weybright testified that his total losses from the arson, which included the destruction of a 120-year-old barn and its contents, amounted to $728,775.86. He has received insurance payments totaling $164,845, leaving him with a net loss of nearly $564,000.
"It was significant damage that was done, both physical, emotional and spiritual," Weybright said in his victim impact statement.
Deputy prosecutor Lucas Shoemake stated that this crime "was not just the burning of a structure. The barn was central to his family's way of life."
A mitigating factor was that Thomas cooperated with prosecutors and was willing to provide testimony in the event Hershberger's case moved to trial.
Shoemake added that the plea agreement calling for Thomas to serve time in a community corrections program was "appropriate."
Bowers outlined both the aggravating and mitigating circumstances.
"Mr. Weybright suffered a financial loss, substantially, in excess of $560,000, but that's really the smallest part of the loss that he suffered, because of the impact on his family, the fact that this was not just a building—it wasn't just a barn," Bowers said. "It was a barn that was built by a family member on land that the family had farmed for six generations. It was central to his way of life."
The judge noted that the main evidence linking Thomas to the crimes was that her cell phone was tracked to each of the locations at the time of the arsons. However, from an evidentiary standpoint, he said it would have been challenging for prosecutors to prove her specific role in the crimes.
"The difficulty the state would have in necessarily proving these offenses is one of the reasons I accepted this plea agreement," Bowers said.
While the idea of setting fires may have been Hershberger's, the judge said Thomas still should have spoken up or at least offered an anonymous tip.
"Your choice to remain silent contributed to the activities of Joseph Hershberger," Bowers said.
In addition to cooperating with prosecutors, other mitigating factors were the fact that Thomas' previous criminal record involved only minor offenses, her childhood trauma, and that she was sincere in her apology to the victims.
Bowers imposed a 10-year sentence, with two years to be served on probation and the balance to be served with Michiana Community Corrections on home detention.
Thomas faces additional felony arson charges in Marshall and Kosciusko counties. She will remain in jail until those cases have been resolved.
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