Ex-Elkhart police officer to serve year in prison after punching handcuffed suspect in 2018

HAMMOND — U.S. District Court Judge Philip P. Simon on Thursday called the footage of Elkhart police in 2018 repeatedly punching a handcuffed man "one of the most shocking things I've seen on video, and I've seen a lot."

"It's so vicious. It's just so vicious," Simon said before he ordered former Elkhart police officer Joshua Titus to one year and one day in federal prison, followed by a year of supervised release for his role in the beating of handcuffed domestic violence suspect Mario Guerrero Ledesma.

The Tribune obtained the video of the beating in Nov. 2018 as part of an ongoing investigation with ProPublica into practices within the Elkhart Police Department and Elkhart County prosecutor's office that led to wrongful convictions. The investigation also revealed 28 of the police department’s 34 highest-ranking officers had disciplinary records.

After pleading guilty in August 2022, fellow former Elkhart officer Cory Newland was sentenced by Simon in December to serve 15 months in federal prison with the possibility of serving the final 12 months under supervised release so Newland could participate in an apprenticeship program.

Titus spoke before being sentenced, telling the judge in an emotional statement that he was there as a “man who is owning his failures.”

'If you spit again, we're gonna party': Video shows actions before, after Elkhart cops beat man

Titus, who appeared in court in his military uniform with his left arm in a sling, served in the Air Force from 2009 to 2014 in 22 countries, including Afghanistan. His attorney Michael Allen said his client saw combat and receives 100% disability from Veterans Affairs. Allen indicated that Titus experienced multiple concussions and a service-related traumatic brain injury.

He referenced a psychologist report issued earlier this year that diagnosed Titus with severe PTSD and other anxiety-related issues. Simon later noted that the VA had flagged Titus for severe PTSD when he was discharged from the military.

Allen told the court that Titus — a father of three who appeared in court with his wife, mother and more than a dozen other supporters — accepts full responsibility for his actions on Jan. 12, 2018.

That night, Titus and Newland were captured on video repeatedly punching Ledesma as he sat with his hands cuffed behind his back in the police station’s detention area following an alleged domestic violence dispute. As Ledesma spat toward Newland, the officers began to punch him in the face, knocking him out of the chair. They then knelt over him and continued punching him.

Five months after the incident, then-Elkhart Police Chief Ed Windbigler gave both Newland and Titus reprimands but did not suspend or demote them. Speaking in 2018 to the city’s police oversight commission, Windbigler said the two officers “just went a little overboard” in subduing a person in custody, but he did not mention the fact the pair beat a handcuffed suspect.

The Tribune obtained the video after that meeting, and the discrepancy between the video and Windbigler’s description of the incident was cited in the city suspending Windbigler. He later resigned.

After The Tribune and ProPublica reported on the incident, including publishing the video in November 2018, a federal investigation began that eventually led to both Titus and Newland to face federal charges of violating Ledesma's civil rights.

Speaking at his sentencing Thursday, Titus credited the fallout of the video's release with helping improve him as a person and the Elkhart Police Department as an agency.

Titus, who joined Elkhart police in 2014, the same year he left the Air Force with severe PTSD, said, “I was in denial of my psychological issues,” later adding, “It opened my eyes and gave me a renewing of my soul.”

Titus remained in the Air Force Reserve until 2016. He said he believed that the incident “helped change the culture at the Elkhart Police Department” and expressed remorse for his actions toward Ledesma “when he was in a vulnerable position.”

“I ask that he can forgive me,” Titus continued, adding that he hoped Ledesma could “remove any malice from his heart” toward himself, this country and law enforcement. Ledesma was not present for the sentencing but had previously submitted a victim impact statement.

Titus noted that he had not been in trouble before and was his family’s sole provider. “Don’t make my wife and children suffer any more for my actions,” he said.

Ledesma had initially been arrested on suspicion of domestic battery. He later pleaded guilty and was sentenced to one year in jail, with 133 days of that sentence suspended.

Judge Simon said he found the footage of the incident “very disturbing” and expressed concern at what he described as “the lighthearted kind of atmosphere” going on in the detention area during that time as other officers milled about, even as Ledesma was left bleeding on the floor for 6 minutes after the beating.

“The optics of this are terrible,” Simon said, noting that police officers have a difficult job that includes facing a lack of respect from some in the public, but that behavior like that shown in the video only exacerbates the problem, bringing “disrepute to police officers in general.”

The case against Titus was initially set for trial in April, but he entered a guilty plea March 30. His recommended sentencing range was 24-30 months.

Simon noted that the sentence was half the recommended guidelines and said he felt Titus’ mental health struggles were the differentiator between his sentence and Newland’s.

Simon also agreed to allow Titus to wait until April to report to prison so Titus can recover from a recent shoulder surgery.

“I have a lot of hope for you,” Simon said. “I’m confident you’ll get this behind you and go on to have a really productive life.”

This article originally appeared on South Bend Tribune: 1 year in prison Ex-Elkhart cop who beat handcuffed suspect on video