Recklessness Suspect Found Not Guilty
July 28, 2016 at 4:25 p.m.
Tears of joy and relief ran down Rhonda Fitzgerald's face as she heard her not guilty verdict Tuesday night around 9 p.m. in Kosciusko Superior Court I.
Fitzgerald stood trial Tuesday for criminal recklessness, a Class C felony, and pointing a gun while loaded, a Class D felony, charges stemming from an incident with her neighbor July 4.
After hearing testimony from 10 witnesses and deliberating for approximately two hours, the six-person jury decided Fitzgerald, a bus driver for Warsaw Community Schools, was not guilty of the two felony charges.
Fitzgerald was accused of pointing a gun at her neighbor, Jennifer Ebey, during a dispute July 4.
Ebey testified Fitzgerald and her friend, Kole Pennington, tossed dog feces from Ebey's backyard over a privacy fence in Ebey's yard. An argument between the women followed, and Ebey called 911 to report damage to her yard from the incident.
After the 911 call was made, Ebey said the argument continued, and Fitzgerald went into the house and returned to the yard with a gun.
"I was stunned. I just stood there," Ebey said on the stand. Then Ebey called 911 to report Fitzgerald pointed the gun at her, saying, "Now she's got a gun. Please hurry."
When Winona Lake Police Officer Paul Heaton arrived at the scene, he went to Fitzgerald's house and asked for the gun. He said Fitzgerald took him to her bedroom where the gun was sitting in the top drawer of the nightstand.
Heaton took the loaded gun and case and secured them in his parol car before going across the yard to talk to Ebey. When Heaton talked with Ebey, she described the gun as a small silver revolver with a case.
Fitzgerald, who admitted to drinking beer the day of the incident, told the jury she never had the gun outside. The only reason she had the gun in the first place, Fitzgerald said, was because Ebey had threatened her and she was scared.
"(Ebey) was always screaming. I can't walk in the yard without her screaming and hollering," Fitzgerald testified. "It's a nightmare.
"(Ebey) made several threats. She said she'd see me fired and I would never drive a bus again no matter what she had to do."
Fitzgerald said she told her son, Jeff, about the threats, and he gave her a gun to keep in the house for her protection.
Fitzgerald said she kept the loaded gun in a purse in her closet but then moved it to the top drawer of her nightstand after an incident in the spring.
"That gun never left that drawer," Fitzgerald said.
Five witnesses took the stand and testified that Fitzgerald was a kind, trustworthy woman who loved children.
One witness said, "Rhonda has a huge heart and loves children."
In the end, the jury decided Fitzgerald did not point the gun at Ebey and was not guilty. Fitzgerald's bond was returned and all charges against her were dismissed. [[In-content Ad]]
Latest News
E-Editions
Tears of joy and relief ran down Rhonda Fitzgerald's face as she heard her not guilty verdict Tuesday night around 9 p.m. in Kosciusko Superior Court I.
Fitzgerald stood trial Tuesday for criminal recklessness, a Class C felony, and pointing a gun while loaded, a Class D felony, charges stemming from an incident with her neighbor July 4.
After hearing testimony from 10 witnesses and deliberating for approximately two hours, the six-person jury decided Fitzgerald, a bus driver for Warsaw Community Schools, was not guilty of the two felony charges.
Fitzgerald was accused of pointing a gun at her neighbor, Jennifer Ebey, during a dispute July 4.
Ebey testified Fitzgerald and her friend, Kole Pennington, tossed dog feces from Ebey's backyard over a privacy fence in Ebey's yard. An argument between the women followed, and Ebey called 911 to report damage to her yard from the incident.
After the 911 call was made, Ebey said the argument continued, and Fitzgerald went into the house and returned to the yard with a gun.
"I was stunned. I just stood there," Ebey said on the stand. Then Ebey called 911 to report Fitzgerald pointed the gun at her, saying, "Now she's got a gun. Please hurry."
When Winona Lake Police Officer Paul Heaton arrived at the scene, he went to Fitzgerald's house and asked for the gun. He said Fitzgerald took him to her bedroom where the gun was sitting in the top drawer of the nightstand.
Heaton took the loaded gun and case and secured them in his parol car before going across the yard to talk to Ebey. When Heaton talked with Ebey, she described the gun as a small silver revolver with a case.
Fitzgerald, who admitted to drinking beer the day of the incident, told the jury she never had the gun outside. The only reason she had the gun in the first place, Fitzgerald said, was because Ebey had threatened her and she was scared.
"(Ebey) was always screaming. I can't walk in the yard without her screaming and hollering," Fitzgerald testified. "It's a nightmare.
"(Ebey) made several threats. She said she'd see me fired and I would never drive a bus again no matter what she had to do."
Fitzgerald said she told her son, Jeff, about the threats, and he gave her a gun to keep in the house for her protection.
Fitzgerald said she kept the loaded gun in a purse in her closet but then moved it to the top drawer of her nightstand after an incident in the spring.
"That gun never left that drawer," Fitzgerald said.
Five witnesses took the stand and testified that Fitzgerald was a kind, trustworthy woman who loved children.
One witness said, "Rhonda has a huge heart and loves children."
In the end, the jury decided Fitzgerald did not point the gun at Ebey and was not guilty. Fitzgerald's bond was returned and all charges against her were dismissed. [[In-content Ad]]