Goshen News, Goshen, IN

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April 22, 2013

State declines to file formal charges in Goshen shooting

GOSHEN — Elkhart County Prosecutor Curtis T. Hill announced this morning that his office has declined to file formal charges at this time against the five individuals arrested last week by the Goshen Police Department in regards to an alleged gang shooting.

“The investigation into the April 14 shooting in Goshen is extensive and ongoing, and additional information continues to be provided by the Goshen Police Department,” the prosecutor stated in a press release issued this morning. “Although probable cause was found which justified the detention of these individuals, the charging decision is one that requires a much higher level of scrutiny.”

“The preliminary investigation was reviewed by the prosecutor and additional law enforcement efforts were requested to document facts and circumstances that had not yet been fully investigated,” according to the release. “The responsibility of the prosecutor is to ensure that the formal charges accurately reflect the alleged criminal behavior. Making an informed and reasonable decision is more important than making a quick decision.  Upon being satisfied that the Goshen Police Department has completed its investigation, the investigation will be reviewed again and a formal filing decision will be made, at that time, determining what charges, if any, are appropriate for each individual.”

Goshen police were called to a report of a drive-by shooting around 9:30 p.m. April 14, 2013, in the area of Middlebury and School streets. Four young people were hurt, and each was treated and released from IU Health Goshen Hospital.

Police subsequently arrested five teenagers in connection with the shooting.

State law requires police to submit information supporting an arrest — probable cause — to a judicial officer within 48 hours of the arrest. Prosecutors said Goshen police officers submitted information from their investigation to a judicial officer Wednesday. That judicial officer reviewed the information and declined to find probable cause for arrest for the crimes articulated by police.

Elkhart County prosecutors said Goshen police reviewed their investigative materials and made another presentation, late Wednesday, to the judicial officer. The judicial officer then determined there was sufficient probable cause to support the arrests of four people:

• Diego Ramos, 19, 57785 Portland Ave., Elkhart, held on preliminary charges of attempted murder, a Class A felony, and criminal gang activity, a Class D felony.

• Abraham Delgado, 16, 1020 Lucerne Drive, Goshen, attempted battery with a deadly weapon, a Class C felony, and criminal gang activity, a Class D felony.

• Christian Bueno-Resendiz, 16, 109 W. Douglas St., Goshen, criminal gang activity and assisting a criminal, both Class D felonies.

• Alejandro Bueno, 16, 811 Emerson St., Goshen, criminal gang activity, a Class D felony.

In addition, prosecutors said a 15-year-old has been detained by the Juvenile Court, with a hearing scheduled for Thursday. Earlier last week, Goshen police reported the arrest of Jonathan Delgado, 15, 1020 Lucerne Drive, Goshen, related to the north side shooting.

As of this morning, the Elkhart County Jail’s website showed the four as still being detained.

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