A judge sentenced an Indianapolis man to 27 years Wednesday for killing his uncle’s friend in Gary as the men were riding around after a night of drinking.
Ivan Malone, 29, pleaded guilty but mentally ill last month to voluntary manslaughter in the June 2, 2019, death of Ervin F. Pirtle, 49, of Gary, records show. He faced up to 30 years.
He was sentenced to 25 years in prison, with the final two years on probation. He would have to undergo mental health treatment in prison. Malone’s lawyer indicated he will appeal.
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Deputy Prosecutor Amy Pullen led the case. Court documents alleged a witness told police he was driving a van carrying Malone, Pirtle and Malone’s uncle after getting food at a nearby Shark’s Fish & Chicken when he heard a “firework.” He looked over and Malone, a front passenger, was shooting at Pirtle, sitting behind the driver’s seat.
“You shot me,” Pirtle said. Malone fired more shots.
Defense lawyer John Cantrell said his client suffered from untreated mental illness. If he were properly on medication, “we wouldn’t be here,” he said in court. He noted that some sort of argument could have preceded the shooting.
It appeared to “come out of nowhere,” he said.
I am “very sorry,” Malone said in brief remarks.
Judge Natalie Bokota acknowledged Malone’s history and the impact Pirtle’s death had on his family and children, including two sons, 8 and younger with special needs.
“At such a young age, you pulled out a gun and just started shooting,” she told Malone. “(Pirtle) had no ability to escape or defend himself.”
After the hearing, Pirtle’s younger sister Shalanna Pirtle said her brother, a U.S. Navy veteran, “loved his children dearly.” He was close to obtaining a college degree when he died.
“The grief has been almost suffocating,” she said.
He “lit up any room” with an “infectious laugh” and “huge smile.” He could joke around, then talk about “serious topics,” like politics.
Now an employment lawyer, she said her brother, 11 years her senior, “gave me a lot of confidence in how I handled myself in the world.”
[email protected]; Post-Tribune archives contributed.