Wells Superior Court
Criminal Cases
Preliminary plea of not guilty entered for Christopher D. Maxwell, 52, Huntington, charged with theft with a prior conviction for the same or a similar offense, a Level 6 felony; battery by bodily waste to a public safety official, a Level 6 felony; disorderly conduct, a Class B misdemeanor; operating a vehicle while intoxicated, a Class C misdemeanor; knowingly or intentionally operating a motor vehicle while never having received a driver’s license, a Class C misdemeanor; littering, a Class B infraction; inadequate windshield wiper s, a Class C infraction; open alcoholic beverage container during operation of a motor vehicle, a Class C infraction; operating a motor vehicle with expired license plate, a Class C infraction; and operating a motor vehicle without insurance, a Class A infraction. Bond continued at $7,500.
At 4:10 p.m. July 15, Bluffton police received a report that a man driving a black Pontiac failed to pay for more than $50 in gas. The Pontiac fled west on Spring Street.
A Bluffton police officer happened to be west of the gas station at the time and attempted to intercept the vehicle. That’s when he spotted a 2004 Pontiac Grand Prix with an expired license plate with its gas tank door open driving into a driveway at a residence on 100E near 100N.
A man exited the car as the police officer pulled into the residence. The officer asked the man, later identified as Maxwell, if he had just been at the South Main Street Pak-A-Sak. Maxwell allegedly replied that he did not know.
A second officer arrived and as the first was speaking with Maxwell, the second spoke with the property owner. The property owner did not know who Maxwell was.
The first officer observed in his report to the court that Maxwell wasn’t making a lot of sense, appeared confused and kept spitting.
The officer noted further in the report that Maxwell smelled of alcohol and became upset when the officer asked him to take a portable Breathalyzer test. Maxwell also allegedly threw a cigarette on the driveway when the officer told him he couldn’t smoke until after he had taken the breath test.
Maxwell reportedly became further agitated, and when placed into handcuffs, reportedly kept yelling, even after being told by the officers to quiet down. He then is alleged to have spit onto one of the officers.
The investigating officer noted in his report to the court that there were open alcoholic beverage containers inside Maxwell’s vehicle and that he did not have a windshield wiper on the driver’s side of the windshield. Maxwell allegedly banged his head repeatedly inside the patrol car and kept spitting blood inside the car.
After a blood draw and medical examination at Bluffton Regional Medical Center, a Breathalyzer test reportedly showed Maxwell’s blood alcohol concentration equivalency to be .167 percent, more than twice Indiana’s legal limit for intoxication of .08 percent.
Further investigation showed that Maxwell did not possess a valid driver’s license.
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Fernando J. Heredia, 48, Fort Wayne, pleaded guilty to operating a vehicle while intoxicated, a Class A misdemeanor.
Sentenced to a year in the Wells County Jail, with all but 20 days suspended, and placed on probation for 345 days.
He was credited for 16 days spent in confinement awaiting disposition of his case.
Ordered to enroll in a substance abuse program, pay the costs associated with his blood test, court costs, a Countermeasures fee and probation fees.
His driver’s license was suspended for one year.
As part of a plea agreement, Class C infractions of no valid driver’s license in his possession and driving left of center were dismissed.
An off-duty Ossian police officer noticed a vehicle ahead of her was weaving within its lane and also crossing the center line while southbound on Ind. 1 from Yoder Road May 14. The officer contacted an on-duty Ossian officer.
The vehicle pulled into the parking lot of Ossian Health & Rehabilitation, and the driver, later identified as Heredia, exited the vehicle and walked into the facility. While he was signing the guest book, the on-duty officer asked to speak with him.
The investigating officer noted in his report to the court that Heredia appeared unsteady, smelled of alcohol, failed field sobriety tests and blew a .252 percent alcohol concentration on a Breathalyzer test.
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Reginald Lenor Freeman, 59, Bluffton, pleaded guilty to theft, a Class A misdemeanor.
Ordered to serve 30 days in the Wells County Jail with the term of the sentence to be served consecutively with a 30-day term meted for violating probation from an Aug. 12, 2021, conviction for operating a vehicle with an alcohol concentration equivalency of .08 percent or more with a prior conviction for the same or a similar offense, a Level 6 felony.
He was also ordered to pay $185 in court costs in connection with theft case.
Freeman was charged with stealing seven packs of back ribs and three packs choice steaks from the Bluffton Walmart Supercenter June 25. Reportedly he loaded the meat in a court and walked out of the store without paying.
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One-day jury trial set for 8:30 a.m. Aug. 19 for Alex Edward Bates, 34, Angola, charged with two counts of counterfeiting and one count of theft with a prior conviction for the same or a similar offense, all Level 6 felonies.
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Donald D. Conner, 40, Bluffton, pleaded guilty to failure to remain at the scene of a property damage accident and criminal mischief, both Class B misdemeanors.
Sentenced to 180 days in the Wells County Jail, with all but four days suspended, and placed on probation for 360 days.
Ordered to serve 60 days of home detention, pay $409.65 in restitution to his victim, court costs and probation fees.
Conner is charged with driving his 2012 Buick Enclave into the back of another vehicle at Main Street and Spring Street Jan. 8. The driver of the other vehicle reported that Conner exited his Enclave, came up to the driver of the vehicle and asked him if he was OK, then left.
The driver of the vehicle that was hit provided a pretty good description of the vehicle that hit his and officers recognized it as possibly a vehicle that had been involved in an incident investigated by police earlier. The officer went to the address of the registered owner of that vehicle in the 1300 block of West South Street and spotted a Buick Enclave with front-end damage that matched the description given by the driver of the vehicle that was hit.
The officer questioned Conner about the crash. He reportedly admitted he had hit the other vehicle from behind and to leaving the scene of the crash because he was frightened.
The officer noted in his report that Conner smelled of alcohol and blew a .182 percent alcohol concentration equivalency on a Breathalyzer test. However, Conner reportedly told the officer he had drank alcohol after arriving home following the crash.
Apparently just prior top the crash, Conner had been involved in a verbal altercation with his ex-wife over a custody issue in which he threw a set of keys through a window at the woman’s residence.
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Conditional discharge granted to Xavier Shuman, 18, rural Bluffton, charged with possession of marijuana, a Class B misdemeanor, and possession of drug paraphernalia, a Class C misdemeanor.
The duration of the period of deferred proceedings is 12 months. If Shuman follows all of the directives of the Wells County Probation Department during the period of the discharge, the charges against him will be dismissed.
Ordered to pay $100 in fees.
Bluffton police responded to a report of a fight between a girl and a boy outside of a residence May 7.
Reportedly Shuman was the boy. They had reportedly been involved in a relationship, had broken up and the female had placed Shuman’s belongings outside of the residence.
Among the belongings, the investigating officer wrote in his report to the court, was a bong lying in plain sight. The officer sought and received permission to search the bags of belongings and allegedly found a second bong, two grinders containing a green leafy substance with the odor and appearance of marijuana, and one small container containing a waxy substance that appeared to be THC wax. THC is the psychoactive ingredient in marijuana.
