By SYDNEY KENT
A man charged with raping a woman outside of a Bluffton gas station on Mother’s Day has requested a speedy trial.
Joshua Gabehart, 32, Bluffton, was charged with rape, a Level 1 felony, and strangulation, a Level 6 felony.
According to a probable cause affidavit, a woman reported that she was strangled and raped at the Shell Gas Station, located at 1303 South Main St., shortly before 10 p.m. on May 12.
The woman reported that she rode her bike to the gas station where a heavily tattooed man wearing basketball shorts asked her for a cigarette. During a brief conversation, the man reportedly told the woman his name was “Tattoo Josh.”
The woman then reported that Gabehart grabbed her by her hair and told her to follow him or he would “make her.” Gabehart allegedly strangled and raped the woman against a brick wall on the outside of the building. She was able to escape and call for help around 9:50 p.m.
The victim, who had no prior connection to Gabehart, identified him after looking through six photos of suspects.
Approximately three hours after the rape was reported, officers with the Bluffton Police Department located Gabehart at his residence, a local motel. Cocaine and additional drugs were allegedly in plain sight, prompting officers to apply for a search warrant of the room. The warrant was granted. Additional charges for possession of cocaine, a Level 6 felony, and possession of marijuana, a Class B misdemeanor were filed.
Gabehart’s defense, Robert Thonert, filed a motion to sever the charges — essentially requesting that the charges for rape and strangulation be tried separately from the charges he acquired during his arrest.
The request was denied.
Thonert also filed a “Notice of Alibi” on June 20, which did not contain any information. The state responded to the notice with a motion to strike the alibi altogether.
“The defendant’s Notice of Alibi fails to comply (with Indiana Code),” Prosecutor Colin Andrews wrote in the document. “It fails to allege that the defendant was anywhere at any time.”
Gabehart requested a fast and speedy trial. This means a trial must commence within 70 days from the date the information was filed, or from the date the defendant appears before an officer of the court in which the charge is pending — whichever is later. No trial date is set as of the time of publication.
Gabehart is currently incarcerated at the Wells County Jail. The News-Banner will continue to follow this case for updates.
sydney@news-banner.com
