Superior Court I Jury Convicts Mentone Man Of Theft
July 28, 2016 at 4:25 p.m.
By Jen [email protected]
Andrew Jeffrey Horn, 42, of 3766 S. Columbus St., Mentone, was accused of burglarizing and stealing from the residence of David Dilley on Fort Wayne Avenue, Warsaw, in November 2009.
After less than an hour of deliberations Wednesday, a jury in Kosciusko Superior Court I decided Horn was guilty of theft, a Class D felony, but not guilty of burglary, a Class B felony.
Horn will be sentenced for the theft charge by Judge Duane Huffer Sept. 30 at 8:30 a.m. in Superior Court I. The sentence for a Class D felony is six months to three years with a fine of up to $10,000.
The jury heard testimony from seven witnesses Wednesday afternoon before making their decision.
David Dilley testified that he was out with a friend the evening of Nov. 6, and when he returned home in the early morning hours of Nov. 7 he discovered his home had been broken into. When he got to the front of the house, a window was broken and the door was standing open.
Dilley called the police and reported that a laptop computer, mouse, DVD player, speakers, printer, flash drive, laptop stand, computer cord and computer speakers were stolen from his residence.
Nothing in the home was in disarray or ransacked, and Dilley said it looked as if someone knew what they were looking for and where it was.
Shortly before the burglary, Dilley said he was involved with Jessica Harrell, who has been involved with Horn off and on for the past four years.
When police asked Dilley if he knew of anyone who may have broken into his home, he told then he thought it could have been Horn. Although he did not know Horn personally, Dilley testified that he knew of Horn through Harrell, who reportedly told Dilley that Horn had "a jealous streak."
After reporting the burglary, Dilley said he called Harrell, who had been out at the same place he had been that evening. Dilley said Harrell was crying and acted like she wanted to tell him something but couldn't because she was with Horn at the time.
A few weeks after the burglary, Dilley said he received a phone call from Harrell's ex-boyfriend, Michael Trosfer, who told Dilley that Harrell said Horn was responsible for the burglary.
Dilley also testified that at one point, Harrell returned the laptop stand that was stolen from his home.
Harrell testified that she had been out at the same place Dilley the night of the robbery, and Dilley said he saw her out. During questioning, Harrell seemed reluctant to answer many questions, saying that she didn't remember things that happened, but she verified that she currently is in a relationship with Horn and that she had spent time with him Tuesday night.
In other testimony, the jury heard that some of the other items taken from Dilley's residence had been seen in Horn's possession.
Dilley's laptop was recovered from James Maxwell, a friend of Horn. Maxwell said Horn had asked him to repair the computer, but because of a fingerprint security feature Maxwell was unable to get the machine working.
Warsaw Police Department Lt. Detective Steve Adang testified about the investigation of the case and how evidence was obtained.
After hearing more than four hours of testimony, the jury was sent to deliberate, and less than an hour later came back with their verdict.
Horn, who was out on bond, was remanded to the custody of the Kosciusko County Sheriff. Before the theft, he was on probation for dealing methamphetamine, a charge he pleaded guilty to as part of a plea agreement.[[In-content Ad]]
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Andrew Jeffrey Horn, 42, of 3766 S. Columbus St., Mentone, was accused of burglarizing and stealing from the residence of David Dilley on Fort Wayne Avenue, Warsaw, in November 2009.
After less than an hour of deliberations Wednesday, a jury in Kosciusko Superior Court I decided Horn was guilty of theft, a Class D felony, but not guilty of burglary, a Class B felony.
Horn will be sentenced for the theft charge by Judge Duane Huffer Sept. 30 at 8:30 a.m. in Superior Court I. The sentence for a Class D felony is six months to three years with a fine of up to $10,000.
The jury heard testimony from seven witnesses Wednesday afternoon before making their decision.
David Dilley testified that he was out with a friend the evening of Nov. 6, and when he returned home in the early morning hours of Nov. 7 he discovered his home had been broken into. When he got to the front of the house, a window was broken and the door was standing open.
Dilley called the police and reported that a laptop computer, mouse, DVD player, speakers, printer, flash drive, laptop stand, computer cord and computer speakers were stolen from his residence.
Nothing in the home was in disarray or ransacked, and Dilley said it looked as if someone knew what they were looking for and where it was.
Shortly before the burglary, Dilley said he was involved with Jessica Harrell, who has been involved with Horn off and on for the past four years.
When police asked Dilley if he knew of anyone who may have broken into his home, he told then he thought it could have been Horn. Although he did not know Horn personally, Dilley testified that he knew of Horn through Harrell, who reportedly told Dilley that Horn had "a jealous streak."
After reporting the burglary, Dilley said he called Harrell, who had been out at the same place he had been that evening. Dilley said Harrell was crying and acted like she wanted to tell him something but couldn't because she was with Horn at the time.
A few weeks after the burglary, Dilley said he received a phone call from Harrell's ex-boyfriend, Michael Trosfer, who told Dilley that Harrell said Horn was responsible for the burglary.
Dilley also testified that at one point, Harrell returned the laptop stand that was stolen from his home.
Harrell testified that she had been out at the same place Dilley the night of the robbery, and Dilley said he saw her out. During questioning, Harrell seemed reluctant to answer many questions, saying that she didn't remember things that happened, but she verified that she currently is in a relationship with Horn and that she had spent time with him Tuesday night.
In other testimony, the jury heard that some of the other items taken from Dilley's residence had been seen in Horn's possession.
Dilley's laptop was recovered from James Maxwell, a friend of Horn. Maxwell said Horn had asked him to repair the computer, but because of a fingerprint security feature Maxwell was unable to get the machine working.
Warsaw Police Department Lt. Detective Steve Adang testified about the investigation of the case and how evidence was obtained.
After hearing more than four hours of testimony, the jury was sent to deliberate, and less than an hour later came back with their verdict.
Horn, who was out on bond, was remanded to the custody of the Kosciusko County Sheriff. Before the theft, he was on probation for dealing methamphetamine, a charge he pleaded guilty to as part of a plea agreement.[[In-content Ad]]
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