MARTINSVILLE — Former Martinsville attorney James “Jim” Kent Wisco was sentenced last Friday by special judge Steven David to nine years in prison for seven counts of theft, all level 6 felonies.
Wisco — who formerly served as a Martinsville city councilman in addition to his role as county attorney — has signed a plea agreement that capped his sentence at 10 years with four years to serve in jail. With the current sentence, Wisco would serve four years in prison followed by five years probation.
He will have to repay those clients he stole from more than $164,000.
Wisco will report to the Morgan County Jail on May 12 to begin serving his sentence.
Wisco’s plea agreement allows him to serve his sentence either in jail, home detention, and/or on probation. He is allowed, after completing his sentence, to petition the court to have the felonies reduced to A misdemeanors.
Judge David also told Wisco he was going to keep control of the case. Beyond the sentencing, itself, the judge set a hearing date for December of this year to review Wisco’s progress in treating his gambling addiction.
As a condition of his plea, Wisco faces a lifetime ban on any type of gambling. He will be placed on all lists of people who are banned from all gambling activities.
The judge said if he is satisfied with the progress Wisco is making, he may change his sentencing to home detention/probation.
Before announcing Wisco’s sentence, Judge David told him this was a difficult sentence.
He said testimony from defense witnesses showed Wisco had helped a lot of people and organizations. He was considered a great example of someone who is well thought of and respected. Wisco had served on several boards and donated to numerous causes.
The judge said there was no reason to disbelieve the good things people said about him.
He called Wisco a “stellar citizen but for his gambling addiction.”
But David said Wisco let his gambling addiction overcome all his good work.
The judge said he didn’t fully comprehend a gambling addiction. He knew it led to depression and mental health problems.
The judge appeared to become a little emotional during the sentencing.
He said an aggravating factor was that two of his victims were 65 years of age or older.
Another aggravating factor was that Wisco was in a position of trust, a trust that he violated.
On the mitigating side, the judge said Wisco had taken responsibility for his actions and that he had cooperated with investigators. He was also remorseful about the damage his actions had caused.
Wisco had 22 criminal charges filed against him. They include corrupt business influence and theft with the value of property greater that $50,000, both level five felonies, 12 counts of theft, all level six felonies, seven counts of counterfeiting, all level six felonies, and one count of official conduct, a level six felony.
In return for his plea of guilty to seven counts of theft, all level six felonies, the state dismissed the other charges against him.
The judge said one item that sticks with him is that in 2023, Wisco sold his home in Martinsville. After paying the mortgage, he had around $50,000 left that was to be used to help pay some victims of his crimes.
The judge said Wisco used that money to gamble, depriving the victims of any funds.
Another event that Judge David said hurt Wisco is that in 2022, a group of friends put together funding to send Wisco to a treatment center that was out of state. He said when Wisco returned, he did not follow the directions of the center but went back to his old ways.
Judge David said the goal is to get Wisco the help he needs and “get him out of the Indiana Department of Corrections as soon as possible.”
Defense testimony
Before sentencing, the judge heard nearly four hours of testimony about Wisco.
Attorney Stacy Ulina is representing Wisco.
Dr. Eric Davis is currently treating Wisco for his gambling addiction. Davis testified by video at the hearing.
Davis said a gambling addiction is like a drug addiction — it is controlled by a section of the brain. He compared it to drug addiction as the compulsion to gamble is as strong as a drug addict is to use drugs.
He began treating Wisco earlier this year. He has met with Wisco twice a week for treatment. He said Wisco was borderline suicidal and needing medical intervention.
Davis said the department of corrections could or would not help him.
He said Wisco was in a dark place but was seeing a crack of light.
Under cross examination, Davis admitted he knew that Wisco had been to a treatment center and had not followed their recommendations. He also admitted to knowing that Wisco had spent money from the sale of his home on gambling — money that was supposed to go to his victims.
Local attorney Grace Terrell talked about working with Wisco in his office. She was a law clerk for him before passing her bar exam.
She said Wisco had continually given money to people and organizations. Terrell said she was concerned he could have financial problems due to all the help he gave different groups or people.
Terrell said she had all three of her children while working for Wisco and that he was very supportive of her.
“I would not be where I’m at if not for Jim Wisco,” she said.
Under cross examination, Terrell said she knew Wisco had gambling problems. She left his office in late 2022.
Bob Goodrun, former director of Wellspring, told about Wisco serving on the board. He said Wisco was very active helping other board members and the support staff. He said there was a change in Wisco that led to him resigning from the board.
Wisco read a statement to the court.
He broke down several times during his statement. He apologized to his victims for betraying their trust. Wisco said his addiction changed him in ways he could not imagine. He was proud to have been a part of the firm Foley, Foley, and Peden.
“I know I failed them,” he said.
Wisco had had his law license revoked by the state.
“I don’t deserve to be readmitted to the bar,” he told the court.
State testimony
Special prosecutor David Sutter represented the state.
Sutter read several letters from victims in the case. One victim, who was in the courtroom, became ill and had to be transported to the hospital.
The Indiana State Police Detective Tim Denby talked about investigating the case. He admitted that Wisco, when questioned, told about his gambling addiction and how he took money to pay for that addiction. Denby said Wisco was cooperative in his investigation.
According to Denby, an accounting of funds in the law office showed all accounts had all their funds removed. Several had zero balances while there were some that had negative balances.
Denby said the charges that were filed were the ones they could prosecute Wisco on. He said there were many more victims of Wisco’s who had to resort to civil court for relief.
