Dec. 12 -- An Elkhart man was sentenced for his part in a crash resulting in serious bodily injury on Sept. 24, 2022.
Juan Camacho Gallardo will spend his five-year prison sentence in alternative placement after sentencing by Elkhart County Circuit Court Judge Michael Christofeno.
Camacho Gallardo earlier pleaded guilty to causing serious bodily injury when operating a vehicle while intoxicated, a Level 5 felony, having been charged with several counts of operating a vehicle while intoxicated via alcohol and marijuana.
On that day in 2022, 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, a probable cause affidavit reads. Camacho was ultimately transported to Elkhart General Hospital for treatment, where he allegedly 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, the affidavit reads.
Camacho did consent to a blood draw at the hospital, with results indicating a blood alcohol content 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.
During sentencing, Martinez's attorney, Sharon Bilbrew commented on changes made in Camacho's life and injuries since the accident and also claimed that the other driver had a bottle of Hennesy in his vehicle during the crash. Camacho completed a substance abuse program, has maintained a job, and had a limited criminal history from the start. The state agreed with Bilbrew's statements about Camacho's character and agreed to stay silent on the topic of specialized driving privileges.
"I want to say first of all how disappointed I am in myself at the decisions that I've made that have brought up these unfortunate circumstances," Camacho Gallardo said. "The choices I've made have affected not only me, but people around me, the people who care about me, and the community itself."
Camacho commented that he disappointed his parents and himself, stating he wasn't raised to make the decision he did, and that he felt bad for the harm he caused, and that he doesn't want his own daughter to believe the decisions he made were acceptable.
"I know that I messed up really, really bad," he said. "I don't know if I can ever make up for my mistakes, but I want the chance. I want to prove to you, the court, the community, that I am a different person. It's not me. It's not who I want to be."
Christofeno told the court candidly that he didn't like the plea because he didn't feel it had enough jail time, but he would accept it, because the state did.
Camacho was sentenced on Count 3, causing serious bodily injury when operating a vehicle while intoxicated, a Level 5 felony, to five years at the Indiana Department of Corrections with alternative placement at Michiana Community Corrections. His driver's license was suspended for five years.
Christofeno told Camacho that one of the only reasons he accepted the plea was because Camacho checked himself into addiction treatment.
Two other charges -- Count 1, causing serious bodily injury when operating a motor vehicle with an ACE of .08 or higher, a Level 5 felony; and Count 2, causing serious bodily injury when operating a vehicle with a Schedule I or II Substance in the body, a Level 5 felony, were dismissed per the plea agreement.
TYRONE HUNT
One of two men accused of bank robbery in March will serve half a dozen years for the crime.
Tyrone Andre Hunt, 61, accused as part of a duo who robbed Fifth Third Bank, 400 N. Main St., Elkhart March 14, was sentenced in Elkhart County Circuit Court on Thursday.
Hunt and Melvin Deandre Levy, 43, both of Elkhart, were arrested on charges of robbery, a Level 3 felony; and resisting law enforcement, a Level 6 felony after Elkhart City Police responded to a robbery in progress at 9:37 a.m. at the bank. Witnesses claimed that one of the men forcefully brought the bank manager and another employee from their offices to teller counters where they were demanded to withdraw cash -- almost $8,000.
With the suspects last seen running toward Sycamore Street, officers also found surveillance of them getting into a white Chevrolet Malibu and, using flock cameras, located the vehicle in the 600 block of Laurel Street around 10:40 a.m. Neighbors in the area told them a woman had gotten out of that vehicle and into a black Cadillac Escalade, which officers later found in the 3500 block of Superior Street. Officers followed the vehicle to a car wash and when they approached, two men fled on foot.
The men were caught and identified as Melvin Levy and Tyrone Hunt, each with over $2,000 in cash on their person, and backpacks alleged to have been involved in the robbery, as well as clothing identified by witnesses.
Hunt allegedly told police he and Levy were responsible for the robbery, but Levy denied involvement.
During his plea agreement sentencing on Thursday, Hunt apologized for his actions and how they affected his family.
He was sentenced on Count 1 Robbery, a Level 5 felony, to six years at the Indiana Department of Corrections; and on Count 2, Resisting Law Enforcement, a Class A misdemeanor, to one year at the Elkhart County Correctional Facility, to be served concurrently.
Hunt was also ordered to pay about $7,000 to Fifth Third Bank for the robbery.
MARKEESE D. HUNTER
An Elkhart man accused of robbing a bank in Elkhart was sentenced on Thursday.
Markeese D. Hunter, 31, is accused of robbing First Source Bank, 131 E. Franklin St., Elkhart, on Feb. 6.
Elkhart City 911 Communications Center received notification of a robbery in progress at the 1st Source Bank at 9:06 a.m. that day. The caller reported a man in a wheelchair entered the bank and presented a note demanding money. The employee complied, and the man left the building.
EPD officers dispatched and detained a man matching the suspect's description in the 100 block of East Franklin Street minutes later. The man was identified as Hunter, who became paralyzed after being shot outside a mini-mart in South Bend in July 2013.
Officers found the money allegedly taken during the robbery on the suspect's person and Hunter was arrested and taken into custody without incident.
Hunter pleaded guilty to robbery, a Level 5 felony, and was sentenced to five years at the Indiana Department of Corrections with one year suspended on reporting probation.
SHERMAN M. WHITENER
Sherman Whitener was sentenced to 11 years in prison by Judge Christofeno for dealing in a Schedule 1 controlled substance. However, alternative placement and reporting probation will mean no actual time in prison.
Elkhart County Intelligence and Covert Enforcement (ICE) Unit executed a search warrant on an apartment in the 800 block of Middlebury Street in Elkhart on July 23, 2020.
In the apartment, police found Lashawn Whitener and Sherman Whitener, residents. In Lashawn's room, they found a clear plastic baggie containing 76 miscellaneous colored pills and another containing marijuana. Lashawn said the pills were MDMA, that he got them from Sherman, and that he sells them, the probable cause affidavit reads.
In Sherman's room they also found baggies of pills, and marijuana.
Lashawn was sentenced last week on Count 1, dealing in a schedule I controlled substance, a Level 3 felony, to a total of 10 years, with seven of the years to be served on reporting probation and three to be served alternatively at Elkhart County Community Corrections with a recommendation of home detention.
Sherman was sentenced during Elkhart County Circuit Court after pleading guilty on Nov. 14.
"I went through something, I found my brother dead at my house and I resorted to drugs instead of trying to work through it. I made mistakes," Sherman said during his sentencing hearing.
On Thursday he was sentenced on Count 1, dealing in a Schedule I controlled substance, a Level 4 felony, to 11 years with three years suspended to be served on reporting probation and the remaining eight years to be served alternatively at Elkhart County Community Corrections with a recommendation of home detention.
Count 2, maintaining a common nuisance, a Level 6 felony; and Count 3, possession of marijuana, a Class A misdemeanor, were both dismissed per plea agreement.
ESEQUIEL CERVANTES, III
A man was sentenced to five years for a charge of dealing in marijuana.
The Elkhart County ICE Unit began an investigation into Esequiel Cervantes, III, in the summer of 2022 after receiving reports related to him dealing in marijuana and possibly having firearms at his home despite being convicted of both dealing in marijuana and possession of a handgun without a license in February 2022 and being on home detention from that conviction.
In August 2022, the team executed a search warrant in the 2000 block of Raintree Drive in Elkhart after assisting Michiana Community Corrections with a home check and observing and smelling in plain view within his home.
Among other notable items, police also found a backpack on Cervantes' bedroom door containing nine baggies of marijuana with some also containing small bags inside. In total, police found 1,862.7 grams of marijuana.
Cervantes was sentenced on Count 1, dealing in marijuana, a Level 5 felony, to five years at the Indiana Department of Corrections with two years suspended on reporting probation and the remaining time to be served on home detention through Elkhart County Community Corrections, but Cervantes will be transferred to Allen County to serve his time as requested.
JOSHUA P. MARTINEZ
Some dates were moved around for a Plymouth man accused of murder on Nov. 3.
Joshua P. Martinez, 24, of Plymouth is accused in the shooting deaths of Romulo Reyes Osuna and Carlos Martinez. Elkhart police reported that around 4:40 a.m. officers arrived at a shooting scene in the front yard of a property in the 700 block of C.R. 3. There they found Reyes, 33, of Elkhart, who died a the scene from a gunshot wound; and Carlos Martinez, 38, of South Bend, also suffering from gunshot wounds in the backyard. Carlos was transported to Elkhart General Hospital with life-threatening injuries.
Using the Flock surveillance system, police identified a vehicle at the scene that arrived around 3 a.m., of which Joshua P. Martinez was the registered driver. During police investigation, Joshua Martinez told police he was at a Halloween party.
A while later, the Flock camera shows a man running toward a vehicle as the vehicle is unlocked by a key fob, with lights flashing. Followed closely behind are three other men two identified as Romulo Reyes Osuna and Carlos Martinez, police reported. As they arrive at the vehicle, the surveillance camera shows a muzzle flash and Carlos Martinez falling to the ground and Reyes Osuna attempting to run east before also falling to the ground with muzzle flashes. The third individual is then seen running to the passenger side of the vehicle. As the vehicle leaves the area, the camera shows it running over Carlos several times, the affidavit reads.
Carlos Martinez identified Joshua P. Martinez from a photo line-up as the shooter, and police were able to collect a part broken from the Honda and a 9mm shell casing from the scene, according to the probable cause affidavit. The Plymouth Police Department confirmed that Martinez's vehicle was missing the part and noted blood on the front of the vehicle.
Carlos claimed Joshua said prior that he was going to shoot everyone, the affidavit reads. And when Reyes Osuna went running toward the vehicle to stop Joshua, he went to help but Joshua already had gun in his hand when Reyes Osuna attempted to hold the door closed to keep him in the car, the affidavit reads.
During Martinez's pretrial conference, Schmid requested Martinez's bail hearing be moved from Jan. 2 to another date later in January; and also his trial date moved from April 7 to May 5. Martinez's trial status conference remains scheduled for March 13.
DOMINIQUE J. EDWARDS
A man accused of attempting to kill his father is continuing to seek out sanity evaluations.
Dominique J. Edwards is accused of shooting and injuring his father Anthony Shaw while at Shaw's home along the 1600 block of Stevens Avenue in Elkhart on the night of Nov. 20, 2020, according to his probable cause affidavit. He faces charges of attempted murder, a Level 1 felony, and two misdemeanor counts of resisting law enforcement.
While awaiting trial in the Elkhart County Jail, Edwards, according to officers at the jail, refused to attend two different evaluations.
Attorney Ethan Legg said despite Edwards not cooperating in previous attempts for evaluation, most recently when an attempt was made, it was the doctor who was unable to render an opinion due to Edwards' inability to recall the events he's charged with.
Judge Christofeno said he's running out of doctors to attempt evaluations and that it's not required to appoint now a fourth doctor.
According to a probable cause affidavit, while visiting the home, witnesses said Edwards grabbed a pillow, went to Shaw's bedroom and fired a gun through the pillow at him. Prior to the shooting, witnesses described Edwards as acting strangely and possibly being on drugs, the affidavit reads.
Shaw, who was shot in the leg and abdomen, told police Edwards said something to the effect of, "Sorry, Pops, but I have to kill you," before he opened fire, according to details in the probable cause affidavit in the case.
Another man at the house told police, according to the affidavit, he then tackled Edwards, knocking the gun out of his hand. The man said he fought Edwards and chased him out of the house, according to the affidavit.
Edwards was located and arrested in December 2020 after an Elkhart officer was dispatched to the 1600 block of Morehouse Avenue to investigate a report of suspicious activity, the affidavit shows.
Christofeno did not agree to appoint a fourth doctor to evaluate insanity and denied a motion to continue the jury trial as well. His case remains the first setting for Feb. 3 jury trial date.
MICHAEL D. DANDRIDGE
An Elkhart man accused in a March murder learned on Thursday that his jury trial in Elkhart County Circuit Court would be continued.
Michael Dandridge, 39, of Elkhart, was charged with the murder of David Strowder, dating back to March 21.
Elkhart police were called to the 2400 block of Morton Avenue in Elkhart at 7:25 p.m. that day for a shooting with injuries.
The caller, Strowder's wife, Reatisha Gary, said her brother-in-law Dandridge, was the shooter and had left the scene, according to a probable cause affidavit.
Strowder was pronounced dead at the scene inside a bedroom of the home.
During a police interview, Gary claimed that she'd been outside when her brother-in-law arrived looking for her husband, and walked into the house, the probable cause affidavit reads. The men began speaking, and Gary went back outside.
Gary said in the statement she turned back to the house when she heard her daughter ask, "Why did you shoot my dad?" while holding Dandridge's leg. Dandridge, according to Gary, then calmly walked out of the house and told Gary not to tell police what happened before leaving.
According to the affidavit, Dandridge's girlfriend said she was in the car when the shooting occurred and that after returning her home, he'd left with someone she didn't know. Another witness also claimed to have seen Dandridge come to the home and be inside for a short time before hearing gunshots and Dandridge leaving, the affidavit reads. He identified Dandridge through a photo lineup.
During his trial status conference on Thursday, Dandridge's jury trial was moved from Jan. 6 to April 21 with a trial status conference March 27.
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Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at [email protected] or at 574-538-2065.