THE GOSHEN NEWS
A two-vehicle crash on the Indiana Toll Road in Bristol Tuesday night killed a Nebraska man.
Dead is Shawn W. Young, 44, of Aurora.
Shortly after 10 p.m. Tuesday, Indiana State Police responded to reports of a crash on the Toll Road near the 100.5-mile marker. State police arrived to find a white 2003 Chevrolet Corvette convertible had collided with a sem-trailer. Young was the Corvette driver.
Police said the driver of the semi-trailer was stopped in traffic in the westbound lane due to a backup that had been caused by a truck fire earlier near the 97-mile marker. A witness to the crash said the driver of the Corvette never slowed down prior to the vehicle hitting the rear bumper of the semi-trailer. The impact from the crash wedged the car under the trailer, according to police.
The driver of the semi, Jakltongir Zakurlaev, 34, of West Chester, Ohio, received only minor injuries from the crash. He was taken to Elkhart General Hospital where he was treated and released. Young was transported by helicopter to South Bend Memorial Hospital where he later died due to severe injuries suffered in the collision.
State Supreme Court
An Elkhart man’s conviction on a drug-related charge was overturned this week by the Indiana Supreme Court.
Kevin M. Clark, 44, was arrested in August 2009 at a storage facility in the 54000 block of Independence Street. Police reportedly found methamphetamine and pseudoephedrine, among other items, in a bag Clark had dropped to the ground. Police also reportedly found a meth lab in a tool box in the trunk of Clark’s vehicle.
In December 2011, Clark was found guilty of Class A felony attempted dealing in methamphetamine at the conclusion of a trial in Elkhart Superior Court 3. He was subsequently sentenced to 45 years in prison.
However, in a majority opinion filed this week, Supreme Court justices found Fourth Amendment protection was violated at the time of his arrest. The Fourth Amendment is the constitutional protection against unreasonable search and seizure.
In part, the Supreme Court document reads, “Clark was not read his Miranda rights until (an officer) did so while driving him to jail. He did not consent to the search of the black bag. (Police) asked Clark to consent to the search of his vehicle after the trunk had already been opened, the meth lab discovered in the closed toolbox, and the contents of the trunk replaced. Clark refused.”
According to the majority court opinion, “The violation of Clark’s Fourth Amendment rights in this case was the direct jumping-off point to the discovery and seizure of all the substantive evidence used to convict him. Because none of that evidence should have been admitted at a trial against him, the conviction cannot stand. The state may, of course, retry Clark if it can introduce evidence of his guilt that was obtained in a manner not prohibited by the Fourth Amendment.”
• Elkhart County police reported two people were arrested after they were repartedly seen stealing items from a business at 29383 U.S. 33, Elkhart, Monday night. Arrested on theft charges were Cliff Perillo, 29, 12885 York Hill, Middlebury, and David Longanecker, 28, Edwardsburg, Mich. Police said Perillo was also arrested on a charge of resisting law enforcement after he attempted to flee from police on foot.
• Staff with Haulmark Trailers Inc., 14054 C.R. 4, Bristol, said two trailers were taken from a locked stockyard between 4 p.m. Friday and 6:30 a.m. Monday. A chain was cut to gain entry, according to the police report.
• Jose D. Hernandez told Goshen police his mo-ped was stolen in the 700 block of South Seventh Street between 10 and 10:15 p.m. Sept. 10.
• Carol Robbins told Elkhart County police that someone took an Apple iPad from 12279 C.R. 50, Syracuse, between 2:45 p.m. Sept. 6 and around 6 p.m. Sept. 10.
• Joan Prathaftakis of Elkhart told Elkhart County police her 2007 Pontiac G6 was stolen from the 2000 block of Ind. 120, Bristol, sometime between 12 a.m. Sunday and around 12:30 p.m. Tuesday.
• Leonard Penner of Millersburg told Elkhart County police Friday that someone tried to steal money from his IRA account through fraud.
• Nadine Bechtel, 20194 C.R. 36, Goshen, told Elkhart County police someone entered her garage and stole two mini-bikes between noon and 5:30 p.m. Friday.
• Paula Duncan of Middlebury told Elkhart County police someone made $292.78 in unauthorized transactions on her bank account between Sept. 9 and Friday.
• Robert P. Lecount of Florida told Goshen police Tuesday that a credit card was taken out in his name and used without his permission in Goshen.
• Arturo Leon Jr. of Goshen told city police Tuesday that someone used his identity in Riverside County, Calif.
Vandalism/criminal mischief reports
• Baldemar Lopes, 209 S. Ninth St., Goshen, told Goshen police Tuesday that someone smashed the front windshield of his car while it was parked in front of his home.
• Devan Adams told Elkhart County police that someone damaged his vehicle with a rock while the automobile was parked at Bashor Children’s Home, 62226 C.R. 15, Goshen, Saturday.
• Johnny Ramirez, 27, 727 Warbler Lane, Elkhart, was arrested by Elkhart County police after a traffic stop around 3:45 p.m. Saturday on Ind. 15 at C.R. 50. Ramirez was arrested on a charge of driving while never receiving a driver’s license.
• Jeannette Lou Depree, 38, 57586 C.R. 27, Lot 59, Bristol, was arrested by Elkhart Police after a traffic stop around 11:18 p.m. Saturday on Ind. 19 north of West Lexington Avenue. She was arrested and incarcerated on a charge of driving while her license privileges were suspended.
• Branden J. Smith, 22, Cassopolis, Mich., was arrested by Elkhart County police after a traffic stop around 1:18 a.m. Sunday on C.R. 19 north of C.R. 14 near Bristol. He was arrested on charges of possession of marijuana and drug paraphernalia and incarcerated.
The following motorists were recently arrested on charges of operating a motor vehicle while intoxicated:
• Sally Jo Foster, 51, Edwardsburg, Mich., was arrested by Elkhart County police after a traffic crash in the 51000 block of C.R. 17 around 3:40 a.m. Tuesday.
• Francisco Salazar, 19, 628 W. Lexington, Elkhart, was arrested by Elkhart County police after he crashed his vehicle around 7:40 a.m. Saturday on C.R. 36 west of C.R. 17. Police said Salazar fled the scene on foot after the crash but was soon found. In addition to the OWI, Salazar was also arrested on charges of illegal consumption of an alcoholic beverage, leaving the scene of a property damage crash, and driving while never receiving a driver’s license.
• Elder Cantarero-Pineda, 21, 832 Hiawatha Drive, Elkhart, was arrested by Elkhart County police after a traffic stop around 3:16 a.m. Sunday on U.S. 33 near Greene Road.