Goshen man sentenced in murder case
Nov. 7—GOSHEN — A Goshen man, tied to a murder in Fort Wayne, was sentenced in Elkhart County Circuit Court on Thursday.
Cody Oscar Clements, 23, Goshen, pleaded guilty to a felony count of assisting a criminal in a murder in mid-September.
According to a probable cause affidavit, Fort Wayne Police contacted Elkhart County following a vehicle pursuit on April 25, 2021. After the vehicle crashed and the occupants fled, they searched it and found the dismembered remains of Shane Nguyen, 55, Fort Wayne.
They also discovered a receipt from the Lowe's in Goshen, which eventually led them to believe that Mathew Cramer, Jacob Carreon, and Cody Oscar Clements were all involved in the murder.
According to court records, Clements, who turned himself in, told Fort Wayne police that he was picked up by the other two men and that they were picking up items at Lowe's to help them get rid of a body and that he was given money to buy a shovel and large trash bags in the store.
Cramer, who admitted to police in an interview that he had killed Nguyen, was sentenced to life without parole in November 2022 following a jury trial, on charges of murder, abuse of a corpse and resisting law enforcement. Cramer's defense team claimed that Cramer was homeless and living in a storage unit and that Nguyen offered him a ride and sexually assaulted him and the murder was a panicked reaction.
Police began searching for Nguyen's van after his family said he went missing and a Silver Alert was issued. Officers spotted the van two days after the incident and tried to stop it but the driver got out and a passenger sped away in it, ultimately crashing and fleeing too, according to court records.
Officers believed Carreon helped Cramer dismember Nguyen's body after he died due to blunt force trauma, and then recruited Clements to help them gather supplies to hide the evidence, and took him back to his home in Goshen before returning to Fort Wayne, according to court records.
During his sentencing, Clements' attorney Bridgette Faulkner told the judge that Clements did not choose his friends wisely and has been terminating friendships that are not healthy.
"Since they've been charged in the last four years I have been working and taking care of my daughter," he said. "I have been trying to change. I had a dumb moment. We all have dumb moments. I see the path I am going down ever since the case with myself."
Original plans were to put Clements at community corrections, but Elkhart County Circuit Judge Michael Christofeno learned during court proceedings that due to the cost of the program, Clements wouldn't be able to afford it.
"I have a very simple outlook on life," he told Clements at sentencing. "I don't think there is any way to put you on community corrections and I refuse to do that. I am going to put you on probation. You better do exactly what you have been doing. Go to work and love your daughter. You do what's right, you keep your freedom."
Clements was sentenced on Count 1, assisting a criminal, a Level 6 felony, to two years on probation.
A man accused of stealing a car in South Bend and bringing it to Faith Mission had an initial hearing in Elkhart County Circuit Court Thursday. Terrence T. Smith is accused of auto theft, a Level 5 felony.
According a probable cause affidavit, Elkhart police were dispatched to the location of a vehicle theft at 12:54 p.m. Oct. 31 out of South Bend at Faith Mission, 801 Benham Ave.
Staff at the shelter provided a surveillance video and the man was found in the cafeteria. After a brief pursuit and a tussle, Terrence T. Smith, 52, was arrested, police reported.
Smith told police that he was picked up by a friend in South Bend. After that friend got out of the vehicle near McDonald's on South Main Street, Smith began driving the car around and he'd planned to pick him up later, the probable cause affidavit reads. Smith reportedly told police he didn't realize the vehicle was stolen. The owner of the vehicle was listed as Hot Wheels Auto Sales.
During Elkhart County Circuit Court on Thursday, Smith recieved upcoming hearing dates: A pretrial conference Dec. 4, trial status conference Jan. 2, and jury trial scheduled for Feb. 10.
A man who allegedly attempted to ignite a gas station gasoline well on fire in Elkhart was in Elkhart County Circuit Court Thursday for a pretrial conference.
Abraham Villegas Jr., 33, Elkhart, was arrested by Elkhart city police on two counts of arson, a Level 4 felony; resisting causing bodily injury, a Level 6 felony; criminal mischief, a Level 6 felony; and interfering with reporting a crime, a Class A misdemeanor in the early morning hours of June 22.
Police said the owner of the Marathon Gas Station at 1218 S. Main St. contacted police after he observed a man outside attempting to light a gasoline well on fire on the security footage at 5 a.m. Police also reviewed the footage and saw on video a man entering the parking lot on the south side, retrieving trash from the bins, pulling the nozzle out of a pump, and saturating the trash with gasoline, a probable cause affidavit reads. He then reportedly took the trash to the well, ignited it, and threw it into the well before fleeing north. Police did find melted plastic inside the well and burnt debris.
About 45 minutes later, another officer heard a tire popping in the parking garage where police vehicles are kept on Marion Street and found at the location, a police vehicle on fire. Among other notable problems with the vehicle, the officer noted that a propane tank was lying on its side within feet of the blazing vehicle, and confirmed the fire was intentional. The officer went searching for a suspect, having not seen any vehicles leaving the area recently.
They did note someone, Villegas, walking northbound on East Street. He was reportedly carrying a fuel canister and another officer attempted to stop him, and the man and an officer got into a physical fight, the report reads. When he was handcuffed, police reported that Villegas refused to identify himself and was transported to the jail.
A pretrial status conference is scheduled for Dec. 12, trial status conference for March 6, and a jury trial is scheduled for March 31.
A man facing felony charges for his part in a crash resulting in serious bodily injury on Sept. 24, 2022, pleaded guilty to causing serious bodily injury when operating a vehicle while intoxicated, a Level 5 felony.
Juan Camacho Gallardo is charged with several counts of operating a vehicle while intoxicated via alcohol and marijuana. On that day, 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.
The other driver was identified as Benjamin Battle.
Camacho Gallardo pleaded guilty in Elkhart County Circuit Court on Thursday to Count 3, causing serious bodily injury when operating a vehicle while intoxicated, a Level 5 felony. 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, will be dismissed per the plea agreement. Sentencing is scheduled for Dec. 12.
Adrian White Conner, 30, pleaded guilty to the burglary at KC Layne Makeup and Lash Studio, 1731 E. Bristol St., Elkhart, on May 27, 2023. His sentencing is scheduled for Dec. 5.
The owner of the salon reported to police on May 30, that the building had been broken into on May 27. Three women renting rooms at the building noted money bags, a checkbook, a bank bag, and several necklaces missing.
Surveillance cameras at the property identified Adrian White Conner, 30, breaking into the building.
A man accused of burglarizing Janus Motorcycle in Goshen will be examined for competency and insanity defense.
Police were called to Janus Motorcycle, 211 S. Main St., Goshen, on April 24 around 1:20 a.m. At the business, a window had been broken out and according to surveillance footage, the person responsible was Charles J. Witham, 18, who was already under police observation in the 300 block of Jefferson Street, according to a probable cause affidavit.
The suspect allegedly stole a Janus stocking cap, checkered gaiter neck, Janus leather motorcycle jacket, gloves and silver motorcycle helmet totaling $1,014 in product.
The following day while officers were surveying the home they'd been watching in the 300 block of Jefferson earlier in the week, the man again appeared, reportedly wearing a motorcycle jacket, gaiter neck, and riding gloves. He was arrested and taken to Goshen Police Department after allegedly attempting to resist arrest resulting in minor injury to both officers involved.
Police found the beanie at one property, and the helmet at another, the affidavit reads. The rest of the stolen items, Witham was wearing when he was arrested, police noted.
Witham reportedly told police that he'd been struggling with mental problems and while he recalled the window shattering, he didn't know how it happened. He allegedly said he remembered taking the items, but couldn't recall how he'd gotten into the business but he reportedly did remember unlocking the door to leave. Witham reportedly said he fought officers by attempting to pull back because he didn't recall doing the things they said he did.
Dr. Jeff Burnett was assigned by Elkhart County Circuit Judge Michael Christofeno to evaluate Witham's competency and insanity. A status conference is scheduled for March 6, and jury trial set for March 31.
A man accused of a C.R. 108 burglary saw his jury trial continue from Dec. 2 to March 31.
Todd A. Taylor, 55, is accused of burglarizing a home on C.R. 108 on Sept. 15, 2021. A woman told police that Taylor has been there a few days prior working on a car in the yard with her partner and when they left, Taylor, who was not allowed within the home, had left, according to a probable cause affidavit.
The woman reported to police that a lawn mower, tools, and prescription pill bottles, were missing from inside the home.
Her partner texted Taylor to see if he knew anything and he reportedly admitted to taking the pills and tools and told him he could come get the tools from him in Michigan.
Taylor was charged with burglary, a Level 4 Felony.
A trial status conference was held for a man accused of stealing more than $10,000 worth of tools from EFP Corporation, 223 Middleton Run Road, Elkhart.
Christopher Hall, 57, has a jury trial scheduled for April 15.
Elkhart police say on April 26, 2022, an employee of the company found pry marks on the door to a maintenance garage and many missing tools. Detectives noted that some more valuable tools were not taken, but rather very specific ones including a grinder tool and two-ton hoist. The company identified Hall as a suspect because he'd been fired in April and was familiar with the location of the specific tools taken, according to a probable cause affidavit.
Hall allegedly pawned the tools within a week of the burglary, based on surveillance footage at the Elkhart pawn shop.
During Elkhart County Circuit Court on Thursday, Hall's jury trial was continued from Dec. 2 to March 31, with a trial status conference on March 6 and a further proceedings Dec. 12.
An initial hearing was held for a man accused of auto theft and burglary on July 24.
Tristin McFall, 27, accused of auto theft and burglary on July 24, saw his jury trial continued from Dec. 2 to March 31 during Elkhart County Circuit Court proceedings on Thursday.
Officers were informed at 11:28 p.m. July 24 that two people had entered Synergy Industries, 25813 Modrell Ave., Elkhart, by breaking a window and fled north through a hole they cut into the fence. One fled on a stolen yellow ATV, and the other fled on foot.
The ATV was located within a tree line on C.R. 9 just south of Northpark Avenue and McFall, believed by police to be the foot fleer, was found not far away near Adams Street. McFall proclaimed innocence, stating that he "doesn't steal." Officers advised McFall that he was actively on probation for a previous burglary charge. A security camera nearby showed a man in similar attire as McFall and another man pushing the ATV out of the garage at Synergy Industries, the affidavit reads.
McFall's trial status conference is scheduled for March 6.
Cristian Parada Quintanilla of Elkhart is accused of a burglary that took place Jan. 14, 2023. On Thursday, the court moved Parada Quintanilla's jury trial from Dec. 2 to March 31, with a trial status conference March 6, and further proceedings Jan. 9.
According to a probable cause affidavit, officers responded to a call for an alarm at Smokes++ in the Market Centre plaza, 4024 Elkhart Road, Goshen, and arrived to find the front door glass broken. The officer who responded to the call reported seeing an individual bending over the back side of the sales counter and went out to his vehicle to keep watch and called for backup.
As reported in the affidavit, through a translator early on, Parada Quintanilla allegedly told officers that he'd broken into the business because he wanted to get deported and that he'd committed a previous burglary at the same location Nov. 19. Officers also said they found a large gray Adidas backpack on the floor and a smaller backpack on the counter both filled with products from the store and a Louisville Slugger baseball bat on the floor near the backpack. Items in the bags totaled $3,479.
