Gun Store Burglar Gets Off Easy in Plea Deal

An Indianapolis man will likely spend less than two years behind bars despite stealing tens of thousands of dollars in firearms from a gun store after accepting a plea deal from prosecutors. 

19-year-old Ivan Bautista confessed to taking part in a December, 2023 burglary at a gun shop in Johnson County, Indiana where more than $80,000 in guns were stolen. In exchange for pleading guilty to burglary, theft, and unauthorized entry into a motor vehicle, Bautista was sentenced to just two years in prison on Monday. 

Two search warrants served by deputies at undisclosed locations found a gun stolen from U.S. Defense Solutions, burglary tools, a burglary kit, clothing and shoes from the burglary, ammunition, and stolen gun parts, along with electronics and phones connecting those involved in the burglary. Confessions were also obtained from two unidentified persons, the affidavit shows.

A third search warrant was served on Dec. 26 at Bautista’s home in Indianapolis. Deputies found a Banshee MKG pistol stolen from U.S. Defense Solutions, gun parts, ammunition and clothing and shoes from the burglary, along with electronics and phones connecting those involved in the burglary, according to the affidavit.

Bautista also reportedly confessed to the burglary in an interview with detectives. He rode in a vehicle to the gun store where he took a sledgehammer to two of its front windows, the affidavit shows.

He entered the gun store first and told detectives he exclaimed “Jackpot” when he entered one room with firearms. This was also seen on security video, the affidavit said.

Despite Bautista’s confession and a plethora of evidence against him, prosecutors in Johnson County still chose to offer him a deal rather than take the case to trial. In fact, the D.A. in Johnson County actually bragged about Bautista’s sentence after it was handed down. 

In imposing a sentence of two years in prison, Judge Douglas Cummins stated that despite Batista’s relatively minor criminal history, he considered both the amount of property Bautista stole and the fact that he stole firearms in sending him to prison.

In addressing the defendant, Cummins stated, “You may think it’s not as bad to steal from a business, but someone owns that business, and by stealing you’re taking money away from that person’s family.”

Prosecutor Lance Hamner said the outcome is hoped to send a message.

“This is yet another Marion County criminal coming to Johnson County to prey on our citizens. This is exactly what we’re trying to stop and we won’t tolerate it. In some jurisdictions, Bautista might have faced only a slap on the wrist and probation for his youth and relatively minor criminal history. But this case has a victim and he was stealing guns. This isn’t petty crime,” Hamner said in a statement on the sentence. “Prison time, first time, every time for this kind of criminal behavior. I hope Mr. Batista tells his criminal friends to stay out of Johnson County.”

If Bautista behaves behind bars he’ll likely be out in less than 18 months. I don’t know about you, but I consider that to be a slap on the wrist on its own. 

As for Bautista’s “minor” criminal history, while he may not have faced formal charges or have been convicted of other serious offenses, there’s plenty of evidence to suggest that he was involved in or connected to plenty of felonious conduct. 

A search of Bautista’s phone suggests that he was involved in a local gang that participates in crimes including vehicle theft, narcotics sales, theft of firearms, police chases, burglaries of businesses, drive-by shootings, automatic firearm conversion kits, arson and/or intimidation. His phone also had apps used to avoid police detection, the affidavit shows.

Which is all the more reason to take this case to trial instead of giving him a plea deal. 

If Hamner wasn’t convinced that Bautista would receive a lengthy prison sentence if convicted by a Johnson County jury, the U.S. Attorney’s Office could have taken the case off his hands. The gun store burglar would have been eligible for a ten-year sentence if his case was prosecuted in federal court, though he probably would have been given less than the maximum time given his age and lack of previous convictions. Still, I’m positive he would have received more than the 18 months behind bars that he’s likely to serve for his role in the gun store burglary. 

I agree with Hamner that this wasn’t a petty crime. Bautista and his accomplices caused a business owner to suffer major damages and needless expenses, and they would have contributed to the black market supply of firearms if they hadn’t been caught. What they did was very serious, but I don’t think the same can be said about the sentence Bautista received this week. 

Editor’s Note: We need to be bringing the hammer down on criminals like Bautista instead of going after gun owners for exercising their Second Amendment rights. 

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