Court ensuring witness has representation in Elkhart murder

Feb. 15—GOSHEN — With another witness possibly available for questioning in next week's murder trial of Sherman Whitener Jr., 23, of Elkhart, counsel met on Thursday to confirm that Tyren Allen would be properly represented.

Allen was arrested on Tuesday for an unrelated theft, but the state has been attempting to retrieve him to testify in Whitener's trial, which begins Monday.

Whitener 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 and Indiana streets 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.

A subsequent investigation, according to the affidavit, determined that Whitener shot Harris as he was rolling by in a black Ford SUV. The possible witness, Allen, was reportedly in the SUV with Harris, but after the shooting got out and got into a black Chevrolet Impala, the affidavit reads. Allen reportedly then gets out of the car, approaches Harris, who is lying in the street, and takes something from him, police reported. He then leaves again in the car, but a camera, which has caught nearly all of the activity, shows Allen return again to check on Harris and then walk away again, the report reads. Bystanders begin to fill the area around the officers who appear in the video.

Later, Allen allegedly 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 allegedly claimed he did not know the name of the person who had shot Harris and did not identify him by photographic array. However, Harris' fiancée told police, according to the affidavit, 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.

Whitener's attorney had a motion to continue but removed it after learning that some key witnesses for the state's argument might be unavailable due to warrants for their own arrest.

Prosecuting Attorney Vicky Becker told Elkhart Circuit Court Judge Michael Christofeno that she'd like to use Allen as a witness, but in order to do so, he'd need to be appointed a public defender right away so as to adhere to his constitutional rights.

Christofeno appointed the public defender's office to represent Allen during the trial, adding that if Allen hires an attorney before or during the trial, the attorney will immediately take on the case.

Whitener's trial remains scheduled to begin on Monday, Feb. 19.

CHRISTAIN Z. WALL

Three of four attorneys for murder suspect Christian Wall gathered at Circuit Court virtually but by the end of the hearing, only one remained.

When Elkhart County Public Defender's Office attorneys Jeffrey Majerik and Matthew Johnson were disqualified from representing Wall due to a conflict of interest in January, Indiana State Public Defender Marielena Duerring's appearance was filed, but the Elkhart County public defenders' appearances were never withdrawn.

This week, attorney Brian D. Williams filed an appearance, making none of the public defenders necessary. All three were removed from the case.

Wall, of North Carolina, is accused in the Dec. 14 shooting deaths at Galley Sports Pub, 3147 Northview Drive, Elkhart. According to a probable cause affidavit, officers responded to numerous calls Dec. 14 for a shooting at the bar, where they found Michael Pike, 30, dead, and Jalen Young, 24, gravely injured, both from gunshot wounds. Young was later pronounced dead at the hospital.

Officers were told that Christain Z. Wall, 22, Ellerbe, North Carolina, was the shooter. He was located sitting in a gray Ford Fusion in the parking lot a few feet from where the two men had been lying, according to police.

A man who arrived at the bar with Young told police that when the bar closed, he and Young were in the parking lot when an argument and then a fight ensued between Young and Wall, according to the affidavit. The fist fight was broken up by bystanders and immediately following, the witness, Young, and a woman attempted to leave in a vehicle but another argument began and Young exited the vehicle and was shot in the head, the charging affidavit stated. Young and the woman reportedly fled the scene and a second shot of a handgun was heard.

A bartender told police, per the affidavit, that he was advised of a fight breaking out in the parking lot where a gun had been displayed and recognized the shooter as Wall. From the window, the bartender told police that Pike appeared to have been trying to break up a fight between Young and Wall and was "executed" by Wall, the affidavit reads.

Police in their statement said they also reviewed security footage, and found a Glock 9mm handgun under the front passenger seat and two 9mm casings spent in the parking lot.

Wall denied having shot anyone, but, according to the affidavit, recalled "chaos," and having his Glock 99mm handgun in the center console of the vehicle where, he said, it remained all night. He reportedly said he did not remember fighting or shooting anyone.

Wall may qualify for a court-appointed state public defender, but he told Christofeno that he still intended to hire his own attorney. His trial status conference is scheduled for Aug. 29 but Wall will appear in court when new counsel is appointed or hired.

Wall's jury trial is scheduled for Sept. 23 with a trial status conference on Aug. 29.

JA LIAHS M. CURRY

A man accused of murder had a status conference ahead of his upcoming trial. Ja Liahs M. Curry is charged in the murder of Thomas Johnson on Feb. 11.

According to a probable cause affidavit, 911 received the call at 5:16 a.m. advising that there was a fight outside his apartment and moments later, the caller told officers he heard three gunshots. Elkhart city officers were dispatched to North River Landing Apartments, 2301 W. Lexington Ave. At the scene, they found Johnson, who had been shot and later died at the hospital.

Curry was arrested at his home at 608 1/2 N. Second St., Goshen, at 11:45 a.m. Saturday, hours after the incident.

Trial status conferences are scheduled for March 21 and April 4, and the jury trial is scheduled for May 6.

TAMARA L. TEETER

A woman charged with possession of methamphetamine was sentenced to nearly a decade in prison on Thursday after pleading guilty.

Tamara Teeter 54, of Elkhart, was arrested on Feb. 27, 2023, following a traffic stop in the 500 block of Lexington Avenue.

At the stop, Teeter's passenger told officers that she and Teeter were headed home from a drug rehabilitation classes. Teeter's license was suspended at the time of the traffic stop, and she told police that she was going back to court soon to get it back. Officers learned that she'd been driving under a habitual traffic violator status. Police arrested Teeter, and her passenger who also didn't have a license, called another ride.

While taking a vehicle inventory before the vehicle was towed police found, in various locations throughout the vehicle, a total of 40.8 grams of meth and two pipes

Teeter wrote a statement that she read to the court ahead of her sentencing, explaining that her time in jail helped her to realize she hadn't been making the best choices.

"I know I'm too old for this," she said. "I know I won't get another chance and I look forward to growing old with the ones I love and the ones that love me sober."

Christofeno for his part, told Teeter that while he respects that her attitude toward addiction has changed, she needs to complete Recovery While Incarcerated at a state facility in order to gain the necessary tools to be a successful recovering addict. He added that he would consider modifying her sentence after she completed it.

"You just take care of conquering your addictions and giving yourself every chance to be successful," Christofeno told her.

Teeter was sentenced to nine years, enhanced by two years, for a total of 11 years at the Indiana Department of Corrections, with three years suspended on reporting probation, for possession of methamphetamine, a Level 3 felony; one year enhanced by one year for a total of two years to the Indiana Department of Corrections for operating a vehicle with a status as a habitual traffic violator; and 60 days at the Elkhart County Jail for possession of paraphernalia.

GERSON A. PORTILLO VALENCIA

A man accused of robbing a gas station in Elkhart in early February inadvertently pleaded guilty on Thursday in Circuit Court.

Gerson A. Portillo Valencia, 25, told Christofeno by translator Adrian Aguilar during his initial hearing that he's not interested in hiring an attorney, as he plans to plead guilty and serve time in prison for it. It's a comment that Christofeno normally would have tried to discourage a litigant from saying, but having heard it anyways, the judge told Portillo Valencia that because he'd made that admission of guilt on the record, he would not order a bond report until Portillo Valencia had discussed the matter with an attorney.

Unfortunately for Portillo, he was also deemed ineligible for a public defender due to not being indigent and will have to hire one himself. When asked, though, Christofeno also told Portillo Valencia that if he posted the bond as it was set, at $75,000, he would be released to proceed with his case outside of the correctional facility.

Police allege that Portillo Valencia held up the Rebel gas station at 3200 Toledo Road in Elkhart at 6 a.m. Feb. 2.

The man reportedly purchased a few items, but, according to the probable cause affidavit, then told the cashier to give him all the money and threatened her with a gun. He took a total of around $186.

Camera footage showed that the man had entered and left from the northeast side of the building, and the cashier told police he'd been in the day before to buy cigarettes, offering a birth date from a license not issued by the state, and noted his California license plate, which people were able to find on the camera footage, the report reads. Police said they tracked using the Flock system to Benham Avenue south of Third Street in Elkhart.

Officers went to the area and found a similar vehicle behind a home in the 200 block of Middlebury Street with two men inside, the affidavit reads. The gun was reportedly seen on the center console. Police handcuffed Portillo Valencia, and also found the items the cashier said the robbery suspect had purchased. A homeowner said he did not know the men or the vehicle.

Portillo Valencia allegedly admitted the robbery to police. According to the affidavit, he said he didn't go in with the plan, but once he was alone in the store, decided to attempt it because he was low on cash.

He's also being charged with possession of a handgun by an illegal person.

An attorney status conference is scheduled for Feb. 22, a pretrial conference for March 14, with an omnibus date of April 11, a trial status conference Oct. 10, and a jury trial scheduled for Nov. 4.

MARKEESE D. HUNTER

An Elkhart man accused of robbing a bank in Elkhart last week had an initial hearing 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 that 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's pretrial conference is scheduled for March 14, omnibus date April 11, trial status conference Oct. 10, and jury trial Nov. 4.

JUAN J. TOSCANO RAMIREZ

A man charged with robbery will not see his bond lowered in Circuit Court.

Juan J. Toscano Ramirez, 26, is accused of robbery, kidnapping, unlawful possession of a firearm, unlawful use of body armor, possession of methamphetamine, and resisting law enforcement.

The victim reportedly told police that he was with Josue Garcia Miranda at his house on Burr Street for a time and left.

Garcia Miranda was acting erratic, so he asked Garcia Miranda to drop him off at a gas station nearby, and Garcia Miranda said he could stop by later, instead pulling into his own house on Franklin Street, according to court records.

Garcia Miranda told him to go inside before him, which the victim said he found unusual since he had never actually been there before and didn't know anyone there, court records reveal. A man later identified through an active warrant as Juan Toscano Ramirez reportedly told him to go upstairs and the three went upstairs together.

The two men, court records show, then asked the victim where the gun was, and the victim told them he didn't know what they were talking about. The two men then allegedly began beating him with a wooden stick and a gun, while the victim continued to tell them he didn't know what gun they were talking about, court records show.

Toscano Ramirez, the victim stated in the report, told him to empty his pockets and the victim took out his wallet and gave it to them, and then they walked him downstairs, and sat him down, where more men, including a man named "Dan," continued to ask him where the gun was and he continued to tell them he didn't know, but this time mentioned he did know someone with a gun, according to court records.

The victim then said that Garcia Miranda and Toscano Ramirez told him to get into the car, that they were going to get that gun, and that they would shoot him if he tried to flee or get help, the probable cause affidavit shows. They reportedly walked him at gunpoint to the car. The victim said he told Garcia Miranda that the gun was at a friend's house on Moorhouse Avenue.

When they arrived at the home, the victim's friend's grandma answered the door and the victim said he told her to call the police, court records show. She yelled something about a gun and the victim said it spooked the two men, who then left in the car and the victim got a ride from the friend's home to the ER to make the report, the report reads. He identified the men through a lineup.

Police said they found what appeared to be blood in the vehicle identified by the victim and owned by Garcia Miranda via search warrant.

Police also executed a search warrant on the home in the 700 block of Franklin Street, wherein officers said it appeared that a man named Daniel Davis took his own life during a standoff with SWAT.

Detectives said they recovered a digital video recorder during the search of the home, and said they found a recording with Garcia Miranda, Toscano Ramirez, and the victim, when the two entered the home, and later when they left and the victim was bloodied up and being escorted out presumably by gunpoint, the report reads.

Garcia Miranda was arrested following an attempt to visit the victim's home, police stated in their report. Police arrested him at a nearby traffic stop Nov. 21. Toscano Ramirez was arrested Dec. 2.

A trial status conference remains scheduled for Aug. 15 and a jury trial for Sept. 9.

KEVIN L. UPHAM

A man is charged with burglary after allegedly walking into his neighbor's home unannounced and taking his wallet.

Police were called to a home in the 600 block of C.R. 3 in Elkhart at 5:28 p.m. Sept. 23 for a report of a burglary. A man reported he'd been sitting on the couch when their neighbor had walked in the front door, went into the kitchen, and took his wallet and its contents, and also an air-soft gun.

Through a surveillance camera in the kitchen, police were able to identify the man, who matched the description of someone shortly after attempting to use the man's Discover Card at Walmart.

Later on, according to the probable cause affidavit, the man's mother told police that the neighbor, Kevin L. Upham, had told her that he'd found an airsoft gun at the end of his driveway and sold it at Worldwide Jewelry & Pawn and that she found her son's wallet in the yard missing the Discover Card. A surveillance camera at the pawn shop reportedly showed Upham there. His probation ankle monitor also reportedly showed him at Walmart at the same time the man declined the credit card transaction.

Upham had his initial hearing on Thursday and was given a public defender. He has a pretrial conference for March 14, with an omnibus date of April 11, a trial status conference Oct. 10, and a jury trial scheduled for Nov. 4.

The rest of this article can be found 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.