CIRCUIT COURT: Man shot shortly after jail release

Jan. 25—GOSHEN — A man was shot within an hour of being released from the Elkhart County Jail. Now, his girlfriend's father is being charged with attempted murder.

It all started when Emiliano Garcia Varrios' wife received a call from the Elkhart County Jail notifying her that, William Pritt IV, 18, was being released from the jail at 4:30 p.m. Dec. 17.

Pritt IV was arrested on Dec. 15 on a battery charge against the woman. Pritt IV was in a relationship with Garcia Varrios' 14-year-old daughter, of which he and his wife did not approve.

By 5:23 p.m., Elkhart County deputies were responding to a call of a shooting on Oak Hills Drive in Middlebury, where Pritt IV and his father had been shot. Pritt IV told police that his mom had given him a ride home from the jail, where Garcia Varrios and another man approached him soon after, and that he ran toward the house when Garcia Varrios started shooting at him.

Pratt IV's father was inside the home and sustained a gunshot wound to his ankle, but Pritt IV was shot in the shoulder and at the time of the probable cause affidavit, was reportedly paralyzed from the chest down.

Garcia Varrios was charged with attempted murder, a level 1 felony; and criminal recklessness, a level 5 felony.

Garcia Varrios hired Martin McClosky as his defense attorney. McClosky entered a motion for a speedy trial that was approved by the court. Christofeno told the court that with motions for speedy trials, he does not consider plea bargains but he will consider continuances under certain circumstances.

The trial is scheduled for March 18.

SHERMAN M. WHITENER, Jr.

A murder trial may be pushed back if attorneys can't make contact with certain witnesses.

Defense attorney Denise Turner said the defense team is struggling to serve a witness they'd like to have testify during the trial of Sherman Whitener, Jr.

Whitener, 23, Elkhart, is charged in the July 8, 2021 death of Deontae Harris.

According to a probable cause affidavit, shortly before 9 p.m. on that day, Elkhart City Police were called to Prairie Street and Indiana Street for the sounds of gunfire in the area.

In the 600 block of West Cleveland Avenue, police found a man, Harris, lying in the street with a gunshot wound. Harris was transported to Elkhart General Hospital but died from the injuries.

During an investigation, officers learned that three individuals had been in contact, and Harris had called both of them prior to his arrival.

Police watched surveillance footage provided by a neighbor and discovered a black Chevrolet Impala in the area two minutes prior to the shooting and a man, later identified as Whitener, approaching the Impala to speak to the driver, Tyren Allen. Moments later, a black Ford SUV is seen driving by slowly and slowing down, and Whitener is seen extending his arm toward the Ford.

Whitener runs from the scene, and Allen gets back in the Impala to back out, but then he gets out of the car and slowly approaches a person that is now lying in the street. He appears to pick something up from the person and jogs away, as the Impala, now out of view of the camera, also drives away. Shortly after, Allen returns and appears to check on the person, then walks away again as bystanders begin to fill the area, around the time officers appear in the video.

Later, Allen told officers that when he approached Harris, and he took Harris' keys, cell phone and a gun, and he disposed of the gun and other items. He claimed he did not know the name of the person who had shot Harris and did not identify him by photographic array, despite the fact that Harris' fiancé told police that she knew of both men and all three knew each other.

Allen allegedly told her he was trying to diffuse a situation between Whitener and Harris before Harris was shot.

The case is scheduled for an additional status conference Feb. 8, and for jury trial Feb. 19. Christofeno said the case has been pending for a while, and continuing the trial will further back up the trial calendar.

DENTRELL M. BROWN

Preparing to go to trial, attorneys updated Elkhart County Circuit Court Judge Michael Christofeno on the attempted murder case of Dentrell Brown.

Brown, 28, is accused of a shooting during an event at the Eagles Lodge in Elkhart April 17, 2022. Police said in the charging affidavit that a fight broke out and the entertainment director attempted to remove the man from the situation, but Brown instead ran out the exit door, returning moments later with a gun. He allegedly discharged it several times and then left.

A witness said she'd left the building after a large fight broke out in the event hall, and one victim told police that he'd jumped into the fight because his friend was already involved.

Brown is facing two Level 1 felony counts of attempted murder as well as a Level 6 felony count of criminal recklessness with a deadly weapon in connection with the shooting incident, which reportedly sent two men to Elkhart General Hospital with multiple gunshot wounds.

Defense attorney Andrew Baldwin told the court that the biggest problem is the ballistics expert is often in trials, so recording the deposition has been a struggle. At a previous conference, he said there were discrepancies regarding ballistics but Deputy Prosecuting Attorney Kathleen Claeys said she didn't agree and the results were valid.

The case is also scheduled for an evidentiary hearing for a motion in limine for a previous charge Brown has, and potentially amend charging information, on Friday.

The case is scheduled for jury trial March 4.

SAMUEL P. DUX, Jr.

Samuel P. Dux Jr., 27, Elkhart, was sentenced to three years probation for a charge of Burglary, a Level 5 felony.

Dux is was accused of burglary at a rental home in Elkhart Oct. 9. He was in Circuit Court Thursday for a pretrial conference and bond hearing that was rescheduled for Nov. 30.

According to police, a resident of 2108 W. Indiana Ave., Elkhart, called at 5:56 p.m. Oct. 9 to report a possible residential entry. The tenant told police that he rented a room there and was at the time the only person living there but that he'd seen someone else inside who was not supposed to be there and who refused to leave.

Maintenance and the owner of the residence also confirmed the resident's assertion that he was the only person to be living there.

The resident also said the person had stolen his yellow North Face hoodie and was wearing it around. Police found the man and asked him to come to them, but he refused, stating that he had a key, the charging affidavit reads.

Eventually, the man, identified as Dux, did come to police, and surveillance footage showed Dux forcing entry around 1 a.m., the affidavit reads.

ANTHONY R.A. AKER

One of two Elkhart men charged in Elkhart County Circuit Court in connection with a burglary and auto theft from Sept. 21 pleaded guilty Thursday. Anthony R.A. Aker, 19, pleaded guilty to burglary, a level 5 felony, and auto theft, a level 6 felony.

His partner in the crime, Landon A. Gibson, 19, was sentenced by plea to a total of five years at the Indiana Department of Corrections, with two years suspended, and two years on reporting probation. The total is a concurrent total of five years for burglary and two years for auto theft.

Aker and Gibson are accused of burglarizing Pep Auto Sales, 1014 W. Pike St., Goshen. According to a probable cause affidavit, police were called there in reference to five vehicles taken from the sales lot.

Later in the week, on Sept. 25, police were called to Ozinga, 1700 Egbert Ave., Goshen, regarding a Cadillac Escalade parked inside one of the property's abandoned buildings. Upon arrival, officers also found four of the five total vehicles stolen from the lot inside the building.

While officers were collecting evidence from the found vehicles, a Chevrolet Impala showed up at the scene, but left quickly, and so officers conducted a traffic stop. According to the affidavit, Aker was identified as the driver and Gibson as the passenger. They reportedly told officers they'd heard the building was vacant and admitted to being in the building days prior.

Goshen police later met up with them at Aker's home, where they agreed to speak to police, court records show. They reportedly told police that they, along with Brent Gibson, stole the vehicles. Their comments also led officers to the recovery of the last missing vehicle, a black Ford 350, which was at Broadmore Estates, and the keys to all five stolen vehicles, according to the affidavit.

Sentencing for Aker is scheduled for Feb. 22.

DALLAS R. BLANKENSHIP, III

Dallas Blankenship, III, 28, plead guilty to auto theft during Thursday's Circuit Court proceedings.

According to a probable cause affidavit, an officer found a blue Chevrolet Cavalier reported as stolen driving down Lincolnway East near Kercher Road at 3:48 p.m. June 10, 2023. The vehicle pulled into 24/7 Cars, 2228 Lincolnway East, Goshen, and the driver got out, grabbed a red bag from the vehicle, and began walking to Wal-Mart, 2304 Lincolnway East. Police eventually located him again walking on a trail behind the 2500 block of Century Drive.

Police say the man falsely identified, but police identified him at Dallas R. Blankenship with the assistance of the Indiana Intelligence Fusion Center by facial recognition taken while in custody.

Blankenship told police that a friend had let him borrow the vehicle, and couldn't provide the friend's full name but claimed he was afraid of him due to the friend being on the FBI's Most Wanted List.

The vehicle's last known location via surveillance before Blankenship's arrest was Park Hills, Mont., on June 3, then Vandalia, Mich. June 9, and Hendricks County, Hancock County, McCordsville, and Wabash in Indiana, before making its way to Goshen. Blankenship's criminal history includes several other auto thefts and possession of stolen property charges.

Sentencing is scheduled for Feb. 22.

SIARRA L. PONTIUS

Siarra Pontius, 20, Elkhart, met with the circuit court Thursday to plead guilty to a robbery at 7- Eleven, 2805 Toledo Road, Elkhart, June 2.

According to a probable cause affidavit, the cashier at the gas station told police by a translator that Pontius held up the cashier with a knife around midnight June 2. The suspect walked around behind the counter and removed cash from the register and ran into the woods west of the business. Approximately $300 to $500 in cash was taken.

The cashier also told police that Pontius is known by employees for shoplifting from the store and believed she lived at the 20 East Apartments, 2125 Toledo Road, Elkhart. A witness who had been entering the parking lot immediately following the robbery told police that he'd seen a red passenger car leaving at a high rate of speed, flagged officers down at the apartment complex, and indicated to them that he saw the same vehicle pulling into the complex and a woman 'running for her life' from the vehicle into an apartment across the parking lot.

The vehicle was registered to a man currently incarcerated at the Elkhart County Jail, and officers knew the man was in a relationship with Pontius and that she drove the vehicle, and confirmed her address to be at the apartments.

Around 2:24 a.m., Pontius was detained at the complex and through a search warrant, found two packs of Newports in a washing machine along with $107 in cash, and $50 wadded up in a 5-year-old's mattress. Pontius was also identified by the business owner from a surveillance photo.

Sentencing is scheduled for Feb. 22.

BLAKE K. REFFETT

A man accused of attacking his mom's dog and threatening her pleaded guilty to intimidation with a deadly weapon, a level 5 felony, and cruelty to an animal, a level 6 felony.

According to a probable cause affidavit, Blake Reffett, 20, Elkhart, was arrested after his mother contacted Elkhart Police Department advising that she saw her son engaging in a sexual act with her dog, pinned on the couch, at 811 Liberty St. Elkhart, March 11, 2022. She also told police that he had grabbed a hammer and told her to sit on the couch and not to get up or call the police otherwise he would hit her in the face with the hammer, kill her and then burn her. Officers observed the dog to have red marks and blood on him.

A veterinarian reported to the police department a preliminary diagnosis of trauma to the dog, including trauma around the dog's foreskin. Officers conducting a search warrant at the property later on June 10, also indicated they heard Reffett making reference to place a hit on his mother.

Sentencing is scheduled for Feb. 22.

See the complete story online at goshennews.com.

DONTE D. GREENE

Former NBA player Donte Greene appeared via phone for a hearing in Elkhart County Circuit Court on a Level 5 felony charge of attempted robbery Thursday.

Greene 34, explained to the judge that he did not appear during his previously scheduled for Dec. 28 because he forgot. He was also not in person during Thursday's court proceedings, he explained, because he was stuck at an airport in Charlotte, N.C., while attempting to fly to Elkhart County from his home in Waldorf, Maryland. He told the judge he'd been stuck there for 24 hours.

Greene was arrested on Nov. 8 by Goshen police on charges of robbery, intimidation, and interfering in the reporting of a crime after officers were dispatched to Phillips 66, 1819 Lincolnway East, Goshen, at 12:36 a.m. to investigate a report.

Officers were called to the area due to a report made by an employee of the attached Taco Bell of a drunk driver who had entered the building. Greene was not charged with any driving infractions.

According to court documents, a clerk at the gas station stated to officers that Greene told him to "give him all the money" before making threatening motions. When the cashier pulled out his phone to call 911, the charging affidavit reads, Greene told him not to.

Surveillance footage reportedly confirms Greene allegedly talking with the clerk and then walking around the store, then taking items out of his pocket and taking his shirt off before reportedly lunging at the cashier. Police also said in the affidavit that Greene did not have a weapon, nor did he take anything from the store.

Greene played college basketball for the Syracuse Orange before being selected in the 2008 NBA Draft for the Memphis Grizzles, and later played for the Houston Rockets, Sacramento Kings, the Reno Bighorns, the Boston Celtics, the Brooklyn Nets, among others, and played for several teams located outside the United States as well during his time as a pro baller. His last known affiliation was with the Taichung Wagor Suns of T1 League of Taiwan, signing on Oct. 7, 2021, although he did not make the league's final rosters.

Greene's Feb. 5 trial was continued to Sept. 23.

SAM M. LONIELLO

A man charged with robbery filed a motion to proceed in court without an attorney.

Sam Loniello, 33, Niles, Mich., is charged with a robbery dating back to Dec. 12. The jury trial is rescheduled for Feb. 19, 2024.

According to a probable cause affidavit, on Dec. 12, a woman reported to Goshen police that she'd been treated at Goshen Hospital for an injury to her knee and was having trouble getting a ride home, so she posted on Facebook that she needed help and someone responded. That person, later identified as Loniello, 33, Niles, Michigan, picked her up in what she believed was a lime-green Toyota Prius, according to court documents.

At that time she didn't have his real name. On the way home, according to the charging affidavit, the man reportedly pulled into the post office and asked for a sexual act. The woman refused and he slapped her in the face roughly 15 times, the affidavit reads. Before she exited the car, the driver reportedly took her purse which had two cell phones in it, $300 cash, a Cash App debit card, driver's license, and medication.

Officers said in the affidavit they had no luck determining a suspect until four days later, when the woman received a text message from the person on a new number asking if she'd like to meet up, again, for a sexual act. She asked for a photo and confirmed that the person was the same person from the robbery and assault, the affidavit reads. An officer went out to the location agreed upon, Lassus, 1001 W. Pike St., and found the vehicle, with Loniello as the sole occupant, according to the affidavit.

Loniello, however, asserted to police that he'd never asked for sexual favors and that it was she who assaulted him while in the vehicle, claiming he had to pull over due to her scratching him, the affidavit reads. Also, he said in the affidavit that she got out of the car and took his phone and some fake money from the console, reasserting that he did not hit her.

Loniello also claimed, according to the affidavit, that while he'd been in contact with the woman about meeting up at the gas station and that he'd sent photos of himself to her when asked, but the messages asking for sex weren't him, adding that he wasn't sending the messages through his phone or an app but through 4-Chain.

Loniello told the judge that he had another attorney assisting him, but he wasn't yet sure if the attorney would just assist him in the process or if an appearance would be entered.

Loniello also told Christofeno that he was not yet prepared for his Feb. 19 trial date, but his attorney Michael Banik requested a continuance.

Christofeno did not accept the dismissal of his defense attorney Michael Banik, and scheduled a hearing on the motion for Loniello to represent himself Feb. 13. The trial was continued to Sept. 23.

JONATHAN R. BURGESS

A burglary suspect met in Elkhart County Circuit Court on Thursday for a trial status conference. Jonathan R. Burgess, 37, and two other people are accused of robbing a newly constructed home in the 300 block of Haines Drive in Elkhart.

According to a probable cause affidavit, police found Stephanie Kulchar and Tyler Brockway behind the home after they were called for a burglary in progress at 10:42 p.m. Dec. 19.

Brockway was arrested first and told police that it was not his idea and that they were the only people in the home.

Brockway allegedly told police that the two of them were riding with Jonathan Burgess to help with scrapping work, and he dropped them off far from the home but did not explain why so as to not incriminate himself, the affidavit claims. Brockway did not explain why they were at the home and refused to further elaborate.

Kulchar told police that they'd gone to Burgess to a home off Franklin Street to scrap, and Burgess left at some point, so they began walking back to Mishawaka and took a shortcut that was Brockway's idea, which is how they ended up behind the home on Haines Drive. Kulchar said she had to use the bathroom, and they went into the garage, because the garage door was open, and into the house, but left once they realized the water was not yet hooked up. Police noted that there was a Portapotty on the side of the home that was available for use, that the homes in the neighborhood were surrounded by water, and there are several gas stations between Franklin Street and Haines Avenue.

When police caught up with Burgess, he, too, said he'd been out scraping but claimed not to know Brockway or Kulchar in any way and said he was out alone. A witness who called the incident in told police that the two people identified as Brockway and Kulchar were dropped off by a grey truck that matched the description of the vehicle Burgess was driving. Upon searching him, police also found a clear bag of white residue later identified as methamphetamine. Burgess was charged with burglary, a level 5 felony; possession of methamphetamine, a level 6 felony; possession of a police radio, a class B misdemeanor; and assisting a criminal, a level 6 felony.

His jury trial date is scheduled for Oct. 7

DAKOTA HOLT

One of two men accused of burglary at an addiction recovery center in Elkhart pleaded guilty and was sentenced on Thursday in Elkhart County Circuit Court.

Joseph W. Orrick, 68, and Dakota Holt, 18, are charged with burglary of Indiana Teen Challenge, 111 W. Bristol St. Holt's attorney rescheduled his pretrial conference for Dec. 21, but Orrick was in court Thursday.

According to a probable cause affidavit, the property manager contacted police at 8:15 a.m. Oct. 11 to report a white SUV driving at a high rate of speed that had parked near the loading dock of the building. Police ran the plates on the vehicle and found that they did not match the vehicle, which was unoccupied.

Two men had entered the building through a door propped open, according to court documents. While the property manager was taking a photo of the vehicle to have it towed, he reportedly saw two men putting a large fan into the back and attempting to leave.

The driver was identified as Orrick. He and his nephew, Orrick told them, had come to get some scrap from the property and had picked up various doorknobs and parts to take in for scrap money, as well as the fan, according to the probable cause affidavit. Speaking to officers, Holt said he was unaware of what they were doing but was found with hand tools including channel lock pliers, a knife, and a headlight on his person when he exited the vehicle.

On Thursday, Holt pleaded guilty to theft, a level 6 felony, as a lesser included offense, which Circuit Judge Michael Christofeno reduced to a class A misdemeanor, and was sentenced to one year at the Elkhart County Correctional Facility suspended on reporting probation.

JUAN L. CAMACHO GALLARDO

A man is facing felony charges for his part in a crash resulting in serious bodily injury on Sept. 24, 2022 had his trial continued to Sept. 23. Juan Camacho Gallardo also has a further proceedings hearing scheduled for April 18.

Juan Camacho Gallardo is charged with several counts of operating a vehicle while intoxicated via alcohol and marijuana. On that day, Elkhart police responded to a serious injury crash at the intersection of Bristol Street and C.R. 7.

Police said at the scene, they were unable to perform Standard Field Sobriety Tests due to a potential injury, along with Camacho's overall uncooperative behavior. Camacho was ultimately transported to Elkhart General Hospital for treatment, where he told medics he'd had four or five drinks prior to the crash, and an officer that escorted Camacho to the hospital said he continued to exhibit signs of uncooperative, belligerent behavior, threatening to kill himself and hospital staff, running into a door, and urinating in the corner of the hospital room.

Camacho did consent to a blood draw at the hospital, with results indicating a BAC of .342. A toxicology report found that at the time of the crash, Camacho's BAC would have been .279, and also presented THC in his blood.

The other driver was identified as Benjamin Battle.

The trial is scheduled for Feb. 19.

EMILY Y. PICH

A woman accused of financial fraud saw her trial rescheduled to Sept. 23.

Former Key Bank employee Emily Pich, 41, is accused of taking out a credit card, personal loans, and a home equity line of credit under Yom and Hong Ean.

According to a probable cause affidavit, the couple's son contacted police Nov. 24, 2021 regarding a foreclosure notice from Key Bank on his parent's house at 2617 California Road, Elkhart. Key Bank had told him that Pich had taken out a home equity line of credit March 14, 2014, against the Ean's without the bank's permission, and also opened a credit card in their name in July 2013, and taken out a personal line of credit in Nov. 2015 and that Key Bank was holding Pich responsible for the fraudulent loans.

Documents submitted to police from Key Bank show Pich took out the lines of credit purported to be signed by the Eans. The home equity line of credit had an outstanding balance of $65,479.40, and payments were made on time until early 2020, keeping the loan from going into default and preventing Key Bank and the Eans from discovering the fraud. Upon default of the loan, Key Bank discovered the fraudulence, and the account was closed January 20, 2022.

The personal line of credit had an outstanding balance of $8,621.68, and the credit card had an outstanding balance of $2,329.64 and was closed on March 18, 2022.

IMMANUEL A. BOSTIC

A man charged with robbery saw his jury trial continued during Thursday's Circuit Court proceedings.

Immanuel Bostic, 29, and Carrie Bets, 40, claimed they had permission to be at 26317 C.R. 4, Elkhart, and that the home had been sold to them, according to a charging affidavit.

According to a probable cause affidavit, the homeowner's Realtor contacted police June 7 stating the house appeared to have been tampered with since he'd last seen it. He told police that, he noticed the blinds had been drawn despite being open previously, and he saw clothing and other items inside that had not been there during the home's open house June 3, and the homeowner confirmed to him that no one should be at the home. The "For Sale" sign had also been removed, along with the lockbox on the front door.

Bets and Bostic were reportedly found exiting a bedroom, and while they were being detained Bostic allegedly told police they had just bought the house. During questioning, the affidavit reads, they told police they'd been staying there since May 31 but knew nothing about the open house June 3, and that a man named Mike had given them a tour of the home and permission to stay there, but the realtor and homeowner confirmed no one named "Mike" was involved with the residence in any way.

They reportedly admitted that meth and paraphernalia found in the home did belong to them, as well as the food in the fridge, court records stated. Appliances and other items using electricity in the residence were identified, which would result in the property owner being charged for utilities.

Bets and Bostic were arrested on charges of burglary, residential entry, theft, and possession of meth and paraphernalia.

Bets was sentenced to two years at the Indiana Department of Corrections — one year at Elkhart County Correctional Facility and one at Elkhart County Community Corrections with a recommendation of work release, for Residential Entry, a Level 6 felony; and Possession of Paraphernalia, a Class C misdemeanor, to 60 days to run concurrently with count one. Other charges were dismissed.

Bostic's jury trial was continued to Sept. 23, with further proceedings on March 28.

See the complete story online at goshennews.com.

Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.

Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.