Court cases before Kosciusko Superior Court Judge David Cates Thursday morning, Dec. 3, ranged from issuing sentences to taking plea agreements under advisement.
The court accepted the plea agreement of Jarrod W. Turpen, 30, 6179 W 100N, Warsaw, sentencing him to a lessor but included charge of criminal confinement, a level 6 felony instead of a level 5 felony, and strangulation, also a level six felony. Charges of intimidation and domestic battery were dismissed. Turpen was sentenced to a total of five years, 2 1/2 years each, to be served concurrently, with 1 1/2 years suspended to be served on probation. Among the probation terms is to successfully complete a non-violence class. “It appears you have a substantial criminal history with substance abuse, and prior domestic battery. That doesn’t bode well and it needs to be addressed and soon,” stated Cates. “It is my hope the counseling will prevent you from being back here.”
The plea agreement for Elizabeth K. Stump, 33, 920 Anchorage Road, Warsaw, in four cases. She plead guilty to domestic battery in the presence of a child under the age of 16, a class D felony and theft, enhanced to a level 6 felony on Nov. 5. All other charges: assisting a criminal, three theft charges and battery with moderate bodily injury, were dismissed.
Brad Voelz, deputy prosecuting attorney, noted Stump has had a long history of battery and dishonesty, but were all misdemeanors until now.
Jay Rigdon, attorney for Stump, stated there are two situations “gong on. First the battery … it’s been a two-way street between the two … out of the cycle of violence. The second is the theft – according to the arrest report the items involved were minimal …” Rigdon noted she has the opportunity to get away from her chaotic life.
Cates agreed with the prosecution. “You have a substantial history in regards to battery and dishonesty. I’m sorry your personal life is chaotic, but that is your personal choice.” He sentenced her to 1 1/2 years on the theft charge and 1 1/2 years on the battery charge, to run consecutive. He also suspended six months on each charge to be served on probation.
Plea Agreements
Plea agreements were taken under advisement for Joshua A. Bammel and Nicholas Himes.
Bammel, 33, 340 E. Levi Lee Road, Warsaw, has been charged with two counts of domestic battery, operating a vehicle with a BAC of .08 or higher and failure to register as a sex or violent offender through Superior Court and probation violation in Circuit Court. Through his plea agreement, he has pleaded guilty to domestic battery with a child under 16 present, a level 6 felony, OWI, a class C misdemeanor in Superior Court and probation violation on a sexual battery case, in Circuit Court. All other charges would be dismissed. The plea agreement calls for a cap on the length of jail time with the two Superior court charges to run concurrent and the probation violation to run consecutive.
Himes, 37, 410 New St., Goshen, pleaded guilty to a charge of failure to register as a sex or violent offender when he failed to report a change of address.
Both cases will be back before the judge at 8:30 a.m. Jan. 7.