Hearing for armed robbery suspect continued

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Feb. 8—GOSHEN — A man appeared in court Thursday for an initial hearing after being charged with armed robbery last week, but it was continued to Feb. 15 after Elkhart County Judge Michael Christofeno was informed he'd need a translator.

Police believe that Garson A. Portillo Valencia, 25, held up the Rebel gas station at 3200 Toledo Road in Elkhart at 6 a.m. Feb. 2.

The man allegedly 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.

SHERMAN M. WHITENER, Jr.

A murder trial is scheduled to take place Feb. 19.

Sherman Whitener Jr., 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.

A subsequent investigation, according to the affidavit, determined that Whitener shot Harris as he was rolling by in a black Ford SUV. Another man, Tyren 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 walks away again, the report reads. Bystanders begin to fill the area around officers 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.

ANDRE L. SHEPARD

A man who admitted to several drug dealing offenses was sentenced in Circuit Court on Thursday by plea agreement.

Andre L. Shepard, 47, was sentenced to a total 10 years at the Indiana Department of Corrections with two years suspended for charges of possession of cocaine, a Level 4 felony, and unlawful possession of a firearm.

Police executed a search warrant on Shepard's home in the 300 block of Cottage Avenue on Nov. 15.

Shepard confirmed to police on the scene that he sold cocaine, crack and marijuana. Police then found 907 grams of marijuana, as well as baggies of crack cocaine, in the living and dining room; and also baggies of marijuana totaling 967 grams in the bedroom along with $7,320 in cash and 35 grams of crack and 29 grams of cocaine in a safe in the room, a rifle, and a ledger of sales. Police found a total of about 64 grams of cocaine.

In the kitchen, they also found a digital scale with white residue on it.

Shepard was charged with dealing cocaine, a Level 2 felony, and possession of a firearm by a serious violent felon, a Level 4 felony, dealing in marijuana, a Level 6 felony, and maintaining a common nuisance, a Level 6 felony, but pleaded down, with dealing in marijuana and maintaining a common nuisance dismissed.

During sentencing, Shepard apologized to the court and admitted he had a drug problem, stating he wanted to complete addiction courses whether or not the court or jail assigned them. Shepard's health has been ailing significantly, especially with the time spent in jail, and the loss of his mom during that time. Shepard was assigned to the Indiana Department of Corrections Recovery While Incarcerated drug treatment program. Christofeno said once he'd completed the program, he would consider a modification of the sentence.

ARTHUR TUCKER

A man was sentenced for check fraud and counterfeiting Thursday.

Arthur Tucker, 53, received the sentence for cashing a check at Interra Federal Credit Union, 1139 C.R. 17, Elkhart Nov. 30.

The check, at $3,218.06, was made out to him from Straightline Enterprises, a company Tucker had never been employed with, according to the CEO.

As with other recent counterfeiting cases in Elkhart County, Tucker was in and out of homelessness and was approached by a stranger who offered him the check in exchange for a portion of the money.

Tucker was sentenced to 24 months at the Elkhart County Jail with 16 months suspended on reporting probation.

KRYSTAL S. HARDY

Krystal S. Hardy, 29, was sentenced by plea agreement to a total of two years to Michiana Community Corrections on alternative placement.

Hardy was initially charged with possession of methamphetamine, a Level 4 felony; possession of a controlled substance, a misdemeanor; and invasion of privacy, a misdemeanor, but pleaded down.

Police initially pulled Hardy over for speeding on West Market Street in Nappanee on Nov. 14. The officer claimed that Hardy slowed down, but did not pull over for as much as a half mile.

When Hardy did pull over, the officer noted that the license plate had expired in June 2022, and Hardy also informed police that she'd been dropping something off to someone with a restraining order on her.

With the vehicle now being towed, police began doing a vehicle inventory, and noticed a makeup bag out of place and found inside, a clear glass pipe with traces of methamphetamine on it as well as a baggie of methamphetamine and several controlled stimulant pills.

Hardy claimed to not know anything about the makeup bag with drugs in it.

Hardy pleaded guilty to invasion of privacy, and maintaining a common nuisance, and was sentenced to one year on alternative placement with Elkhart County Community Corrections for invasion of privacy, and two years on alternative placement for maintaining a common nuisance, to be served concurrently. Charges for possession of methamphetamine and controlled substance were dismissed.

DOMINICK D. JONES

Dominick Jones, 40, Elkhart, was supposed to be sentenced in court Thursday but Elkhart Superior Court 3 Judge Teresa Cataldo decided to reschedule his sentencing due to Jones' alleged mental health.

As the sentencing hearing began, Cataldo noticed that Jones did not appear to understand the questions posed to him, and Jones told her he was struggling due to hearing voices, a problem that's allegedly come and gone in recent months.

Although Jones and his defense attorney confirmed that he had an appointment with mental health staff scheduled for later in the month, Cataldo decided to have him immediately reviewed by mental health staff at the jail prior to moving forward with the sentencing hearing, and the prosecution urged mental health staff to review recent telephone calls and former mental health evaluation history in their review.

Jones is accused of raping a 13-year-old girl at the time.

The victim allegedly told hospital staff that Jones had touched her on numerous occasions and had her perform oral sex on him.

A trial status conference was scheduled for March 4, with a new sentencing date of March 7.

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DAKEVION SPEARMON

An Elkhart teenager had his bond lowered during a pretrial conference for an armed robbery charge on Thursday.

Dakevion Spearmon, 17, is accused of an armed robbery that took place at a gas station in Elkhart on Dec. 23.

According to a probable cause affidavit, the victim reported that a man had followed him as he was returning to his car at Marathon Gas Station, 3901 S. Main St., Elkhart, at 11:50 p.m. and asked him for a dollar, which he gave, but then the man pulled out a handgun and demanded his wallet.

At River Run Apartments, police identified possible witnesses, and the victim was shown still photos from the store's security video and identified Dakevion Spearmon, 18, giving a light brown Sig Sauer BB gun to another man who is seen in the video pointing the gun at the victim before the victim dropped his wallet and took off, the affidavit reads.

A group of young men who had been together before then surrounded the area, and left together toward the apartment complex, where police later located them. Spearmon was reportedly found with the victim's credit card, ID, and a gift card with the victim's name on it.

Spearmon's trial status conference is scheduled for Sept. 26, and the jury trial is scheduled for Oct. 21.

VENCE N. ALLEN

A man now charged with a string of burglaries late last year and early this year waived his bond hearing on Thursday.

According to a probable cause affidavit, police were initially called to Speedway, 1906 Lincolnway East, Goshen, on Jan. 3 for a report of a suspicious person who had gotten out of a car and began running east toward Lippert Components Plant 50. At the scene, police were able to confirm that the vehicle had been used during another burglary on Dec. 28, and that other officers nearby were on the lookout for the car after a burglary at Forest River plant 80, 2780 College Ave., directly east of the Lippert plant, the report reads.

Officers there found a man inside the fence, who reportedly fled from them. Scrap wire had also been thrown over the fence. Police found the man, identified as Vence N. Allen, 62, by using a K9. A video from Forest River showed the same man moving wire between the building and the fence line, the affidavit reads.

Allen was also identified as the suspect in the Dec. 28 burglary by BMV photo, according to the affidavit.

Allen's jury trial is scheduled for Oct. 21, with a trial status conference Sept. 26.

QUINN T. ALWELL

An Elkhart man accused in a crime against an ex pleaded guilty to residential entry and domestic battery instead of robbery resulting in bodily injury during Thursday's court proceedings.

Quinn Alwell, 45, is accused of a robbery against his recent ex-girlfriend and her new boyfriend May 30.

According to a probable cause affidavit, Alwell kicked open the door to his ex-girlfriend's home at 2250 Cassopolis St., Lot 33, Elkhart. The woman's current boyfriend was standing in the doorway. Alwell reportedly attacked him and stole cash totaling $880, and also took cards from his wallet. He then reportedly punched his ex-girlfriend and spoke to her, but she couldn't remember what he'd said.

Alwell is charged with robbery resulting in bodily injury, battery resulting in bodily injury, and domestic battery elevated to a Level 6 felony due to a previous conviction. He is also accused of unlawful possession of a syringe.

Sentencing is scheduled for Feb. 14.

DANIEL J. BRADLEY

A man charged with burglary after a homeowner allegedly found him sleeping in her garage, drunk on her beer saw his jury trial continued from March 4 to Nov. 4 during Elkhart County Circuit Court on Thursday.

Daniel Bradley, 44, San Diego, California, is charged with burglary, possession of methamphetamine, and possession of a firearm as a violent felon from the July 1 incident.

Elkhart City Police responded to a call about a burglary in progress at 1723 Greenleaf Blvd. There, the homeowner told officers a man, later identified as Bradley, was sleeping in her garage.

The homeowner told officers that when she arrived home around 12:20 a.m., her garage door was locked, but she didn't lock it. She found Bradley asleep and immediately contacted the police, noting that her tools had been moved out of cabinets and drawers in the garage, according to the charging affidavit. Bradley also allegedly drank hard seltzers she'd had in the garage fridge.

While escorting the handcuffed Bradley to the patrol vehicle, he reportedly told officers on the scene that he was drunk and could not walk. While searching him, according to the affidavit, officers found a red credit card-sized pouch with meth inside, and three drill bits, which the homeowner claimed were stolen from her collection of tools in the garage.

A trial status conference is set Oct. 10, and a further proceedings hearing is scheduled for March 14.

JESSIE B. HARADON

One of two men accused of an attempted carjacking had his jury trial continued from March 4 to Nov. 4.

Jessie Haradon, 40, along with Joseph Thompson, 37, are charged with attempted robbery, battery, theft, resisting law enforcement, and impersonating a public servant July 5. According to Goshen city officers, they were dispatched to Walmart, 2304 Lincolnway East, at 5:56 p.m. to investigate a car theft in progress.

There, they found Alan Bautista, 18, who reported being the victim of the attempted carjacking, during which he was battered and suffered a minor scrape to his arm that did not require medical attention. He told officers that Thompson and Haradon had also impersonated police officers, according to the report.

Thompson was sentenced to a total of 13 years, with six years suspended and six years on reporting probation, per plea agreement for one count of Level 3 felony robbery and one count of Level 6 felony impersonating a public servant, with a third count of theft dismissed. Their victim, Bautista, did not live to see the sentencing, having died in a car crash June 17.

Haradon's trial status conference is scheduled for Oct. 10.

DOMINIQUE J. EDWARDS

Dominique Edwards, a man accused of attempting to kill his father, had a jury trial continued from March 4 to Nov. 4.

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 charging affidavit. He faces charges of attempted murder, a Level 1 felony, and two misdemeanor counts of resisting law enforcement.

While visiting the home, witnesses said Edwards grabbed a pillow, went to Shaw's bedroom and fired a gun through the pillow at him, the affidavit reads. 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.

Edwards' trial status conference is scheduled for Oct. 10.

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.