121/2-Year Sentence Handed Down In Three Separate Cases

August 9, 2018 at 6:00 p.m.
121/2-Year Sentence Handed Down In Three Separate Cases
121/2-Year Sentence Handed Down In Three Separate Cases


A Kosciusko County Jail inmate who was originally charged with eight crimes in three cases, including rape and intimidation of another inmate last year, was sentenced this morning on four of the charges to 12½ years, with all but one year to be served in prison.

The plea deal Timothy Dmitriy Freeman, of Warsaw, agreed to was accepted today by Superior Court I Judge David Cates.

In the first case, Freeman was charged with rape, a level 4 felony; intimidation, a level 6 felony; and criminal confinement, a level 5 felony. The second case included charges for battery, a level 5 felony; and resisting law enforcement, a level 6 felony. The third case included charges of possession of methamphetamine, a level 6 felony; possession of a syringe, a level 6 felony; and resisting law enforcement, a Class A misdemeanor.

Under the plea agreement, Freeman entered a guilty plea to intimidation, a level 6 felony; criminal confinement, a level 5 felony; battery, a level 5 felony; and possession of methamphetamine, a level 6 felony. All remaining counts were dismissed.

Freeman also admitted his probation violation in another case wherein he received full revocation.

The plea deal states Freeman’s sentence in the first case was 2½ years for intimidation and six years for criminal confinement. In the second case, Freeman was sentenced to three years, and he was sentenced to one year all suspended and served on probation in the third case.

Sentencing for the charges of intimidation and criminal confinement will be concurrent, but sentencing for other cases will be consecutive.

Freeman must reimburse Kosciusko County $300 for the court-appointed counsel.

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According to an Oct. 26 Times-Union story on the jail rape incident, Freeman, then 23, faced charges of rape and intimidation. Danny Combs, then 18, and Christopher Orr, then 20, faced charges of aiding a rape, criminal confinement and intimidation. Tyler Martin, then 19, faced charges of aiding a rape and intimidation.

The event began Oct. 15 when police say Martin demanded everyone’s breakfast muffins. The victim refused, and Martin said he would take the inmate’s tray at lunchtime.

Police allege Combs made the victim give his underwear to him under the threat of violence. The victim said Combs, Martin and Freeman threatened to hurt him all day. The victim said the men kicked him and hit him with a sandal for refusing to comply with their orders.

The victim said the men forced him to put his finger in Freeman’s rear, allegedly to retrieve drugs, or Orr would cover the security camera with toilet paper so they could beat him up, according to court records.

Jail staff checked surveillance cameras. The cameras showed Combs made the victim stand and shoved him toward Freeman. Orr got toilet paper to cover the camera, and Orr and Combs blocked the door to the holding cell to prevent the victim from leaving.

The victim says the men laughed about it later.

Orr told police that Freeman, Combs and Martin had forced the victim to retrieve drugs from Freeman. No drugs were found.

Freeman told police other people made the victim retrieve the drugs, but he didn’t.

On June 21, Orr was sentenced to one year in the county jail for intimidation as part of a plea deal. Since he already served over 300 days for the case, he was given credit for time served and didn’t have to serve any additional jail time. He also had to pay court costs.

Charges against Orr for rape and criminal confinement were dismissed as part of his plea deal.

A Kosciusko County Jail inmate who was originally charged with eight crimes in three cases, including rape and intimidation of another inmate last year, was sentenced this morning on four of the charges to 12½ years, with all but one year to be served in prison.

The plea deal Timothy Dmitriy Freeman, of Warsaw, agreed to was accepted today by Superior Court I Judge David Cates.

In the first case, Freeman was charged with rape, a level 4 felony; intimidation, a level 6 felony; and criminal confinement, a level 5 felony. The second case included charges for battery, a level 5 felony; and resisting law enforcement, a level 6 felony. The third case included charges of possession of methamphetamine, a level 6 felony; possession of a syringe, a level 6 felony; and resisting law enforcement, a Class A misdemeanor.

Under the plea agreement, Freeman entered a guilty plea to intimidation, a level 6 felony; criminal confinement, a level 5 felony; battery, a level 5 felony; and possession of methamphetamine, a level 6 felony. All remaining counts were dismissed.

Freeman also admitted his probation violation in another case wherein he received full revocation.

The plea deal states Freeman’s sentence in the first case was 2½ years for intimidation and six years for criminal confinement. In the second case, Freeman was sentenced to three years, and he was sentenced to one year all suspended and served on probation in the third case.

Sentencing for the charges of intimidation and criminal confinement will be concurrent, but sentencing for other cases will be consecutive.

Freeman must reimburse Kosciusko County $300 for the court-appointed counsel.

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According to an Oct. 26 Times-Union story on the jail rape incident, Freeman, then 23, faced charges of rape and intimidation. Danny Combs, then 18, and Christopher Orr, then 20, faced charges of aiding a rape, criminal confinement and intimidation. Tyler Martin, then 19, faced charges of aiding a rape and intimidation.

The event began Oct. 15 when police say Martin demanded everyone’s breakfast muffins. The victim refused, and Martin said he would take the inmate’s tray at lunchtime.

Police allege Combs made the victim give his underwear to him under the threat of violence. The victim said Combs, Martin and Freeman threatened to hurt him all day. The victim said the men kicked him and hit him with a sandal for refusing to comply with their orders.

The victim said the men forced him to put his finger in Freeman’s rear, allegedly to retrieve drugs, or Orr would cover the security camera with toilet paper so they could beat him up, according to court records.

Jail staff checked surveillance cameras. The cameras showed Combs made the victim stand and shoved him toward Freeman. Orr got toilet paper to cover the camera, and Orr and Combs blocked the door to the holding cell to prevent the victim from leaving.

The victim says the men laughed about it later.

Orr told police that Freeman, Combs and Martin had forced the victim to retrieve drugs from Freeman. No drugs were found.

Freeman told police other people made the victim retrieve the drugs, but he didn’t.

On June 21, Orr was sentenced to one year in the county jail for intimidation as part of a plea deal. Since he already served over 300 days for the case, he was given credit for time served and didn’t have to serve any additional jail time. He also had to pay court costs.

Charges against Orr for rape and criminal confinement were dismissed as part of his plea deal.
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