A Milford man will serve seven years in prison for his involvement in a fatal OWI accident.
Victor Joseph Waikel, 22, of 204 N. Perry Drive, Milford, was charged with causing death while operating a vehicle while intoxicated, a level 4 felony. Two additional criminal charges were dismissed as part of a plea agreement.
Waikel was sentenced in Kosciusko Superior Court III on Tuesday.
Kosciusko Superior Court III Judge Chad Miner sentenced Waikel to 9-1/2 years in the Indiana Department of Correction, with seven years executed and 2-1/2 years suspended on formal probation.
Waikel's driver's license was also suspended for 10 years. Miner recommended Waikel for participation in Recovery While Incarcerated during his prison sentence.
Ricardo L. Garcia, 36, North Webster, passed away in the accident. He was a rear-seat passenger in Waikel's vehicle.
Family members and friends of both Garcia and Waikel were present in the courtroom for sentencing. Miner also noted restitution to Garcia's family had been resolved.
At sentencing, two of Garcia's children gave victim impact statements.
Juan Carlos Acuahuitl, Garcia's son, was a front-seat passenger in the vehicle at the time of the accident. Acuahuitl said he "wants the truth to be known," stating Waikel told officers his vehicle slipped off the roadway.
Acuahuitl said nothing about the weather's conditions the day of the accident would have caused Waikel to slide off the roadway. He stated Waikel asked both him and Garcia if they wanted to see how fast his vehicle could go, even though they both told him no.
Garcia also offered to have Waikel stay at their home that night because he believed Waikel should not be driving.
"He ignored us ... he sped and went dead-on into a tree," said Acuahuitl.
After the accident occurred and Garcia was found unresponsive, Acuahuitl said he was going to call law enforcement. Waikel got angry and told Acuahuitl not to call the cops.
"I was supposed to be in that backseat," said Acuahuitl, saying he remembered Garcia telling him to sit in the front seat while he sat in the back. "My father gave his life for mine. You destroyed my family, Victor. I need to forgive you but it's going to take some time. My father didn't deserve this and it's all because someone got caught up in the moment and made the wrong decision."
Jaretxy Garcia, one of Ricardo's daughters, also testified about the impact her father's death has had on their family. She recalled a weekend in October 2023 where the group was celebrating her birthday and said Waikel "drove home that weekend drunk."
"My dad had things to live for," said Jaretxy. "He had lots of people who loved him, and he was a good man. That weekend in October, he wanted you to stay home with us so you would be safe. My father will never be able to walk me down the aisle ... he didn't get to see me graduate. And it's all because you wanted to look cool."
Defense attorney John Barrett submitted six letters of support on behalf of Waikel as evidence to the court. Victor's oldest brother, Thomas Waikel, testified in court about watching Victor mature and grow as a person while being a mentor to Thomas' children.
"He puts everyone before his own needs," said Thomas. "I know he feels guilt."
At sentencing, Deputy Prosecutor Jennifer Naue noted this was Victor's second criminal offense. His first case was a misdemeanor OWI, in which he received probation. Two weeks after being sentenced for that case, the accident occurred.
"It's an unfortunate situation and it has directly changed Ricardo's family," said Naue.
Barrett said he and Victor offered their remorse and empathy toward Ricardo's family. He noted Victor has a "pretty serious alcohol problem" and asked the court to place Victor in RWI during his prison sentence.
"He's a good person who made a really bad decision," said Barrett. "He's accountable, responsible and remorseful. His remorse is genuine."
He said Victor had very little time to begin a path of rehabilitation after being sentenced for his misdemeanor OWI.
"It's really unfortunate because I feel like this could have been avoided," said Barrett.
Victor also gave a statement in court, expressing remorse for his actions and the effects Ricardo's passing have had on him.
"I feel terrible about the tragic events that have happened," said Victor. "No amount of words can express how I really feel ... Ricardo was a true friend of mine and this nightmarish event has tore me apart inside."
Affidavit Of Probable Cause
On Nov. 29, 2023, emergency personnel responded to a single-vehicle accident on Epworth Forest Road, near North Webster. Victor was identified as the vehicle's driver.
During the investigation, officers noticed Victor was exhibiting signs of intoxication. He failed several field sobriety tests and a portable breath test resulted in a 0.12% BrAC.
Victor said he was driving Ricardo and Acuahuitl home when his vehicle slid off the roadway while at a curve. He admitted to drinking alcohol prior to the accident.