Warsaw

Officers with Warsaw Police Department investigated the following incidents:

• 9:14 a.m. Wednesday, June 7, 300 block of North Detroit Street, Warsaw. Lester Calhoun reported criminal mischief to his vehicle at McDonald’s on Detroit Street.
• 6:57 p.m. Wednesday, June 7, 2500 block of Walton Blvd., Warsaw. Employees at Walmart reported that an adult male selected an item from a shelf at Walmart and returned the item for a gift card without ever actually purchasing the item.

Warsaw

Officers with Warsaw Police Department investigated the following accidents:

7:15 a.m. Wednesday, June 7, West Lake Street, Warsaw. Drivers: Sara E. Hatcher, 27, Sue Avenue, Warsaw, and Caleb D. Skees, 20, Raintree Road, Warsaw. Hatcher advised she did not see Skees pull into the parking lot behind her and she backed into his vehicle. Damage up to $5,000.

8:41 p.m. Wednesday, June 7, Tippecanoe Drive, west of Leiter Drive, Warsaw. Driver: Hunter A. Starkey, 19, North Columbia Street, Warsaw. Starkey advised that his exhaust must have caught on a pot hole in the roadway, causing the vehicle to steer right and resulting in Starkey striking some mailboxes. Damage up to $2,500.

INDIANAPOLIS — Kyle David DeHart, 24, Syracuse, was found guilty by a jury Oct. 6, 2016, for the murders of Tara Thornburg and Josh Knisley Feb. 19, 2015. He was sentenced 20 days later to 110 years on two counts of murder and one year for obstruction of justice.

An appeal of his conviction was filed with the Indiana Court of Appeals Nov. 11, 2016, by his attorney Lawrence Hansen. The case is now awaiting a ruling by justices with the Indiana Court of Appeals.

DeHart is currently incarcerated at the Miami Correctional Level 3 Facility. Indiana Department of Corrections offender information shows the earliest possible release date for DeHart is Aug. 19, 2097.

Hansen’s 31-page brief states four issues: evidence presented was insufficient to sustain the convictions of murder, further, the “doctrine of incredible dubiosity requires the setting aside of the verdict and convictions relative” to the murder charges; the trial court erred in denying DeHart’s motion for a separate trial; the trial court abused its discretion in admitting musical/rap performances by codefendant, Woody and Dehart; and the trial court erred in admitting Woody’s prior firearms usage as such usage was irrelevant to the extent relevant, highly prejudicial to DeHart.

The brief includes the statement of the case, including the order on motion for severance from codefendants and statement of facts.

Hansen noted in his argument summary:

•  The evidence presented at trial was insufficient to sustain the convictions of murder. Further, the doctrine of incredible dubosity requires the setting aside of the verdict and convictions relative to the murder charges.
• The trial court erred in denying defendant’s motion for separate trial as to codefendant Brandon Woody. Based upon the paucity of evidence against DeHart, evidence of Woody’s guilt was unfairly and prejudicially levied against DeHart.
• The trial court’s decision to allow rap songs relative to DeHart was in error in the songs were either irrelevant and/or the probative value was outweighed by the prejudicial effect.
• The trial court erred in admitting Woody’s prior firearm usage as such usage was irrelevant and to the extent relevant, highly prejudicial to DeHart.

Hansen is asking the court to find: evidence is insufficient as a matter of law to sustain the convictions entered in this case; the court reverse the convictions; and the trial court has committed reversible error as to the appropriate evidentiary issues, to order the trial court be reversed and DeHart receive a new trial.

State’s Response

The state’s response to the appeal was filed April 26 by Jesse R. Drum, deputy state attorney general. The state’s summary of the arguments, which concludes the court should affirm the trial courts actions, dispute the appellant’s arguments. The summary of the state’s arguments are:

• Sufficient evidence was presented to convict DeHart. (Thomas) Hursey testified DeHart and Woody planned to take Thornburg’s marijuana, tape her up and slit her throat … The incredible-dubiosity rule does not apply to Hursey’s testimony because it was not coerced, equivocal or uncorroborated. The state presented evidence to corroborate Hursey’s testimony.
• The trial court properly denied the motion to separate the trial. To prove the trial court abused its discretion, DeHart must show he was actually prejudiced by a joint trial, which he cannot do. Under an accomplice-liability theory, evidence against Woody would have been admissible against DeHart at a separate trial. Even so, the evidence did not prejudice DeHart because it only showed Woody was the shooter, which did not weaken DeHart’s alibi defense.
• The recorded raps and testimony about Woody’s choreographed rap performance were admissible …. Writing rap songs, rapping and dancing with a gun are not forms of misconduct from which the jury could form the impermissible inference DeHart and Woody must be murderers. The evidence was admissible for other purposes. The raps showed their access to the type of weapon used in the murders, motive and plan. … The witness who testified about Woody’s performance was qualified as a skilled witness … Even so, any error in admitting the evidence was harmless. There was substantial independent evidence of DeHart’s guilt.

Warsaw

Officers with the Warsaw Police Department investigated the following accidents:

7:15 a.m. Wednesday, June 7, 1695 W. Lake St., Warsaw. Drivers: Sara E. Hatcher, 27, Sue Avenue, Warsaw, and Caleb D. Skees, 20, Raintree Road, Warsaw. Hatcher failed to see Skees as she was backing out of a parking space and collided with Skees. Damage up to $5,000.

8:41 p.m. Wednesday, June 6, Tippecanoe Drive, Warsaw. Driver: Hunter Starkey, 19, North Columbia Street, Warsaw. Starkey was driving on Tippecanoe Drive as his vehicle’s exhaust pipe hung from the bottom of the vehicle. Starkey stated the pipe must have caught on a pot hole, which caused him to steer right. He hit several mailboxes and panicked because he did not have a license and fled the scene. Damage up to $2,500.

Kosciusko

The following individuals were bookend the Kosciusko County Jail:

INDIANAPOLIS  — An appeal by Brandon Thomas Woody, 25, Syracuse, is awaiting ruling by the Indiana Court of Appeals. Briefs on behalf of Woody and by the state have been filed with the court.

Woody is appealing his murder conviction of the Feb. 19, 2015, deaths of Tara Thornburg and Josh Knisley,

Woody was found guilty by a jury on two counts of murder Oct. 7, 2016. He was sentenced to a total of 120 years, with credit of 616 days plus good time credit as calculated Oct. 26, 2016. He was also ordered to pay restitution totaling $4,867.18 He is currently incarcerated at the Miami Correctional Level 3 facility. Indiana Department of Correction information indicates his earliest possible release date is March 13, 2105.

The appeal was filed Nov. 16, 2016. The 37-page brief, filed March 15, 2017, by Joseph A. Sobek, Warsaw attorney, note the issues for the appeal are: whether the trial court denied Woody’s right to confront all witnesses against him; whether the trial court properly admitted evidence of rap performances into evidence; and whether the trial court properly admitted evidence of Woody’s prior use of a firearm.

Included in the brief are statements of the case and facts including excerpts from court transcripts.
Sobek noted in the summary of the arguments the following:

• Woody’s rights to confront all witnesses against him were violated. The victim’s statements on two occasions were testimonial because the victim describes past events based on structured questions asked of her by law enforcement personnel, which went beyond resolving the ongoing emergency. The trial court abused its discretion in admitting the statements into evidence.
  “In the alternative, this court should revisit its treatment of jurisprudence of excited utterance and dying declaration exceptions to the hearsay rules as years of evidentiary research has eroded the underlying assumptions on which these hearsay exceptions rely.”
• The trial court abused its discretion in admitting rap performances by Woody. The rap performances performed by Woody in the songs “What’s Beef,” “Or Naw” and “KD Freestyle” contain consistent references to inadmissible prior crimes and bad acts under Indiana Rule of Evidence 404. “Further, the probative value of such evidence is greatly outweighed by the danger of unfair prejudice pursuant to Indiana Rule of Evidence 403.”
• The trial court abused its discretion in admitting evidence of Woody’s prior use of a firearm. No proper foundation was laid for any appropriate determination to be that such testimony would be helpful to the jury and the evidence constituted impermissible character evidence under Indiana Rule of Evidence 404. “Further, the probative value of such evidence is greatly outweighed by the danger of unfair prejudice pursuant to Indiana Rule of Evidence 403.”

The conclusion is a request the court of appeals find the trial court has committed reversible error, to order the trial court shall be reversed and Woody receive a new trial.

State’s Response

The state’s response to the appeal, seeking the court affirm the trial court’s ruling, was filed April 17 by Jesse R. Drum, deputy state attorney general.

The state’s summary of the argument are:

• Thornburg’s statements to the dispatcher and Officer (Joe) Denton were admissible as nontestimonial excited utterances. Her statements were admissible under the excited-utterance exception to the hearsay rule because she and her boyfriend had just been shot and she made statements about the shootings 10 to 15 minutes after they happened while she was still under the stress that the shootings caused. And her statements did not violate Woody’s right to confrontation because the primary purpose of the informal statements was to resolve an ongoing emergency.
• Woody’s recorded raps and testimony about his choreographed rap performance were admissible. Evidence Rule 404(b) does not apply … Writing rap songs, rapping and dancing with a gun are not forms of misconduct … the evidence was admissible for other purposes. The raps show Woody’s access to the type of weapon used in the murders, his motive and his plan. … The witness who testified about Woody’s performance was qualified as a skilled witness to offer his opinion based on his observations, about how Woody handled the gun.
• Even if Woody could show the trial court should have excluded all of the evidence he complains about, any error was harmless. There was substantial independent evidence of his guilt. (Thomas) Hursey testified Woody shot Thornburg and Knisley and the physical evidence corroborated his testimony.

Kosciusko

Officers with the Kosciusko Sheriff’s Department investigated the following incidents:

• 9:15 a.m. Thursday, June 8, 3000 block North CR 800W, Warsaw. A male reported a battery.
• 12:21 p.m. Thursday, June 8, 1700 block East Kosciusko Drive, Warsaw. Brady Thomas Peters reported a fraud.

Syracuse

Officers with the Syracuse Police Department investigated the following incident:

• 12:39 a.m. Thursday, June 8, 100 block West Main Street, Syracuse. Syracuse Hardware reported criminal mischief.

Warsaw

Officers with the Warsaw Police Department investigated the following accidents:

5:53 a.m. Thursday, June 8, 3611 Commerce Drive, Warsaw. Drivers: Roland G. Thompson, 64, Jamie Court, Stroudberg, Pa., and Roger D. Neely, 60, Lilley Yeager, Cleveland, Texas. The two vehicles collided while both were backing up across the semi-truck parking lot on Commerce Drive. Damage up to $10,000.

12:57 p.m. Thursday, June 8, 2102 E. Center St., Warsaw. Driver: Sarah A. Kirkham, 21, Clear Creek Trail, North Manchester. Kirkham pulled into an alley and struck a utility pole. Damage up to $5,000.

1:44 p.m. Thursday, June 8, 2211 E. Center St., Warsaw. Driver: Sarah M. Engel, 78, Fifth Street, Winona Lake. Engel backed into a parked vehicle in the Owen’s parking lot. Damage up t0 $2,500.

5:13 a.m. Friday, June 9, West Lake Street, east of Hepler Drive, Warsaw. Drivers: Anita E. Kistler, 31, Wilson Street, Warsaw, and Leroy E. Ditton, 43, North Zimmer Road, Warsaw. Kistler was westbound on Lake Street when she failed to see Ditton and turned in front of him. Ditton was transported with leg, arm and rib pain. Due to injuries Ditton sustained, Kistler consented to a chemical tested and was transported to KCH for a blood draw. Results are pending. Damage up to $25,000.

Kosciusko

The following individuals were arrested and booked in the Kosciusko County Sheriff’s Department:

Elkhart

The following individual was booked in the Elkhart County Detention Facility:

The incident occurred at Lake City Bank, 202 E Center St., Warsaw.

Kip Shuter
Captain, Public Information Officer

WARSAW — This morning, June 9, at approximately 9:03 a.m., a man walked into the main branch of Lake City Bank, 202 E. Center St., in Warsaw, and yelled “Give me all your f–king money.”

Raymond Halsey

The man had a red bandana covering his hand which bank employees feared was covering a weapon. He paced the lobby and then walked out of the bank after about 15 seconds and left walking eastbound. No weapon was displayed. The subject was described as a white male in his 20’s, wearing green sweat pants and no shirt.

A Warsaw police officer in an unmarked car was at the drive-up/ATM on the east side of the bank when the suspect walked in front of him after leaving the bank. A bank employee alerted the officer to the attempted robbery and the suspect was taken into custody less than half a block away. No weapon was located.

Warsaw Police booked 27 year old, Raymond Halsey, of Syracuse, into the Kosciusko County Jail on preliminary charges of attempted bank robbery, failure to identify and disorderly conduct. He is being held on a $10,250 surety bond.
This investigation is ongoing.

One of the vehicles involved in the accident.

WARSAW — At approximately 12:22 p.m. Friday, June 9, Warsaw Fire, Warsaw Police and Lutheran EMS responded to a two-vehicle accident on Detroit Street, in front of Arby’s.

One individual was transported from the scene.

Traffic is backed up on Detroit Street as officials clean up the scene.

The other vehicle involved the accident.

SOUTH WHITLEY — A man, who refers to himself as the Messiah, reportedly forced women to worship him and submit themselves to him.

Anthony Bert Hardin

Anthony Bert Hardin, 60, 5380 Whitley Road, South Whitley, is being charged with intimidation, a level 6 felony.

On May 28, an officer with the Warsaw Police Department responded to an intimidation call at the local Menards. Upon arrival, the officer met with Victim 2. She advised that her friend, Victim 1, was inside Menards and being stalked by Hardin.

The officer entered the Menards and located Hardin and Victim 1. Once separated from Hardin, Victim 1 spoke with the officer. She advised that she had met Hardin several years ago and he had recently become obsessed the the Old Testament. Hardin viewed man as the ultimate ruler and that their wives are meant to submit to them.

In November 2016, Victim 1 contacted Hardin’s brother and advised she wanted Hardin out of her residence. Hardin left for Kentucky for four days. After that he returned to her residence and moved back in without her consent or knowledge. Hardin told Victim 1 that Abba had sent him back and if he could not stay he would destroy her life. He further stated that he would contact her employer and family and make sure she had no life.

According to the affidavit of probable cause, Hardin introduced Victim 1 to Victim 2 around one month ago. The two were told to bow down to Hardin and worship him while they were naked. They both denied worshiping him.

On March 27, Hardin went into Victim 2’s bedroom where she was sleeping. He reportedly raped her. Victim 1 stated they did not call the police because they were scared Hardin would harm them if he was not arrested.

The officer then spoke with Victim 2 who confirmed that Hardin had been physically abusive and raped her. According to Victim 2, Hardin told her he was the Messiah and she was to worship him and do what he wanted. The two victims had discussed calling the police but were afraid of being harmed. They had decided to wait until they got to a public place to try to escape.

When the officer spoke with Hardin he refused to properly identify himself except as the Messiah. The officer was able to positively identify Hardin through his criminal history.

Hardin is currently being held in the Kosciusko County Jail.

Kosciusko

The following people were booked in the Kosciusko County Jail:

Marshall

The following people were booked in the Marshall County Jail:

Kosciusko

Officers with the Kosciusko County Sheriff’s Department investigated the following accidents:

10:19 p.m. Thursday, June 8, North SR 15, west of West Levi Lee Road, Warsaw. Drivers: Lorenzo A. Castro, 21, East Levi Lee Road, Warsaw, and Nicole M. Wisenbaugh, 29, Kuder Lane, Warsaw. Castro was attempting to make a left turn onto SR 15 and pulled into the path of Wisenbaugh’s vehicle. Damage up to $10,000.

3:15 a.m. Friday, June 9, West SR 10, west of North SR 19, Etna Green. Driver: Michael D. Peterson, 41, South CR 450W, Claypool. Peterson was traveling west on SR 10 on his motorcycle and struck a deer that entered the roadway. The impact caused Peterson to fall from his motorcycle. Peterson was transported to Kosciusko Community Hospital. Damage up to $5,000.

7:48 a.m. Friday, June 9, Anchorage Road, west of North Sunset Drive, Warsaw. Drivers: Carol A. Quella, 58, West Wildwood Drive, Warsaw, and Cole R. Cumberland, 19, East Rochester Street, Akron. Quella rear-ended Cumberland’s vehicle. Damage up to $2,500.

Warsaw

Officers with the Warsaw Police Department investigated the following accident:

10:49 a.m. Friday, June 9, North Park Avenue and East Clark Street, Warsaw. Drivers: Kirstyn M. Niebbia, 42, East Sheridan Street, and Timothy W. Perkins, 25, East CR 225S, Winona Lake. The vehicles collided at the intersection. Damage up to $10,000.

Warsaw

Officers with the Warsaw Police Department investigated the following accidents:

10:15 a.m. Friday, June 9, 2000 E. Sheridan Street, Warsaw. Driver: Javier H. Temozihui, 22, East CR 200N, Warsaw. Temozihui backed into an overhang support pillar at Titus Funeral Home. Damage up to $2,500.

12:21 p.m. Friday, June 9, East Center Street, east of Robmar Drive, Warsaw. Drivers: Nicholas S. Phillips, 33, South Wausau Street, Warsaw, and Tim A. Mort, 57, East CR 250S, Pierceton. Phillips changed lanes and sideswiped Mort. Damage up to $5,000.

6:01 p.m. Friday, June 9, 100 N. Detroit Street, Warsaw. Drivers: Mark C. Grossman, 33, North Shady Court, Warsaw, and Kevin Reffitt, 53, South CR 400W, Claypool. Grossman was pulling out of a parking space at CVS and did not see Reffitt driving through the lot, pulling out in front of him. Damage up to $2,500.

12:55 a.m. Saturday, June 10, West CR 350N, east of North Riverlawn Drive, Warsaw. Drivers: Jonathan W. Davis, 18, South McClellan Street, Warsaw, and Jennifer R. Quillen, 26, East CR 400N, Leesburg. Davis lost power in his vehicle, including braking power, and was unable to stop behind Quillen. Damage up to $5,000.

Kosciusko

Officers with the Kosciusko Sheriff’s Department investigated the following accident:

2:15 p.m. Friday, June 9, West Edgewood Drive, south of West Levi Lee Road, Warsaw. Driver: Mark E. Tracy, 58, South Armstrong Road, Kokomo. Tracy side swiped a post inside of a curve while turning. Damage up to $2,500.

Kosciusko

Officers with the Kosciusko Sheriff’s Department investigated the following incident:

• 2:41 p.m. Friday, June 9, 100 block EMS W30A Lane, North Webster. Ashley Marie Ward reported that someone went through her vehicle overnight.

Warsaw

Officers with the Warsaw Police Department investigated the following incidents:

• 9:04 a.m. Friday, June 9, 200 block East Center Street, Warsaw. Lake City Bank reported an attempted robbery.
• 7:30 a.m. Saturday, June 10, 300 block North Detroit Street, Warsaw. Mychal David Loper reported stolen debit cards.

Kosciusko

The following individuals were arrested and booked in the Kosciusko County Jail:

Kosciusko

The following people were booked in the Kosciusko County Jail:

Warsaw

Officers with the Warsaw Police Department investigated the following incidents:

• 9:45 p.m. Saturday, June 10, 1700 block of West Lake Street, Warsaw. Charity May Davidson reported theft from a motor vehicle.
• 6:47 p.m. Saturday, June 10, 2500 block of Walton Blvd., Warsaw. Employees at Murphy USA Gas Station reported multiple drive offs.
• 11:41 a.m. Sunday, June 11, 1200 block of Lake City Highway, Warsaw. Employees at Meijer reported theft of beauty items and a soft drink.
• 9:44 p.m. Saturday, June 10, 3300 block of East Center Street. Roxie Williams reported theft of a purse, money and credit/debit cards.
• 12:39 a.m. Sunday, June 11, 300 block of North Indiana Street/East Canal Street, Warsaw. A bicycle was found in the park near Center Lake.
• 2:56 p.m. Sunday, June 11, 600 block of West CR 300N, Warsaw. Employees at TJ Maxx reported theft of a purse.
• 5:24 p.m. Sunday, June 11, 700 block of Anchorage Point Drive, Warsaw. A firearm was found.
• 11:06 p.m. Sunday, June 11, 700 block of Ellsworth Street, Warsaw. Karen Marie Bonham reported theft of bicycles.

Kosciusko

Officers with the Kosciusko County Sheriff’s Department investigated the following incidents:

• 6:58 p.m. Sunday, June 11, 200 block of East Main Street, Atwood. Dennis L. Bollenbacher reported a burglary.
• 12:05 a.m. Sunday, June 11, 9500 block of King Arthur Trail, Cromwell. KCSD received a report of intimidation and threats with a deadly weapon.

Goshen

Officers with the Goshen Police Department investigated the following incidents:

Warsaw

Officers with the Warsaw Police Department investigated the following accidents:

9:32 a.m. Saturday, June 10, Lake City Highway, west of Detroit Street, Warsaw. Drivers: Joni S. Beachy, 76, 7th Road, Bremen, Chad M. Martin, 18, North Michigan Street, Plymouth, and Carolyn Burgett, 63, South Komensky Avenue, Oak Lawn, Ill. Beachy rear-ended Martin, causing him to rear-end Burgett’s vehicle. Damage up to $5,000.

1:38 p.m. Saturday, June 10, West Center Street, west of South Buffalo Street, Warsaw. Drivers: Kimberly E. Lopez, 17, North Hartzler Street, Warsaw, and Shanna L. Page, 48, South Buffalo Street, Warsaw. Lopez rear-ended Page’s vehicle. Damage up to $5,000.

7:06 p.m. Saturday, June 10, Lake City Highway and Meijer Drive, Warsaw. Drivers: Malachi Shock, 19, North Jefferson Street, Silver Lake, and Brayden Cochran, 17, East Fort Wayne Street, Warsaw. The vehicles collided at the intersection. Damage up to $10,000.

11:57 p.m. Saturday, June 10, Lake City Highway, east of North Parker Street, Warsaw. Driver: Devon A. Aragona, 24, Arbor Vista Drive, Goshen. Aragona struck a deer. Damage up to $2,500.

6:17 a.m. Sunday, June 11, East Main Street, west of North Scott Street, Warsaw. Driver: Travis A. Lafollette, 24, East Longspur Lane, Warsaw. Evidence at the scene suggests that Lafollette was traveling eastbound on Main Street when he struck the passenger side of a parked, unoccupied vehicle, pushing it over a curb and onto a grassy area between the road and sidewalk. He then apparently continued on, striking another parked, unoccupied vehicle, pushing it over a curb and into a grassy area between the road and sidewalk. His vehicle then struck the rear of another parked, unoccupied vehicle before coming to a stop. Damage up to $50,000.

6:40 p.m. Sunday, June 11, East Center Street and Argonne Road, Warsaw. Drivers: Michael E. Leatherman, 69, East Center Street, Warsaw, and John C. Hawkins, 50, South Courtland Avenue, Kokomo. Leatherman rear-ended Hawkins’ vehicle. Damage up to $10,000.

Kosciusko

Officers with the Kosciusko County Sheriff’s Department investigated the following accidents:

1:06 p.m. Saturday, June 10, West US 30 and North CR 875W, Etna Green. Drivers: Jason C. Klotz, 39, North CR 850W, Etna Green, and Timothy E. Simon, 21, Father Keis Drive, Egg Harbor Township, N.J. The vehicles collided when Klotz was attempting to cross US 30. Damage up to $25,000.

5:11 p.m. Saturday, June 10, North CR 850E, north of East CR 250N, North Webster. Driver: Rickey R. Sexton, 42, North Washington Street, Pierceton. Sexton lost control of his motorcycle on a curve in the road and went into a ditch. Sexton was ejected from the motorcycle and had a head injury. Damage up to $50,000.

11:34 p.m. Saturday, June 10, East CR 1200N, Syracuse. Driver: Bryanna R. Hogan, 18, 37th Avenue, Ocala, Fla. Hogan pulled into a private drive and stepped on the gas instead of the brake, striking a large rock and light post. Damage up to $5,000.