Daven P. Gasaway was lucky he was not being sentenced this morning on murder charges instead of criminal recklessness and leaving the scene of an accident with bodily injury, his victim’s mother and Superior Court I Judge David Cates told him.

On Nov. 30, Gasaway pleaded to the two felonies. He had faced two additional counts, including battery by means of a deadly weapon and battery resulting in moderate bodily injury.

For criminal recklessness, a level 6 felony, Cates sentenced Gasaway to two years in the custody of the county sheriff. For leaving the scene, a level 6 felony, he sentenced him to one year. Both sentences are to be served concurrently, with one year suspended on probation. Gasaway must also pay all probation fees, maintain employment and have no contact with the victim. If he qualifies, and maintains his eligibility, Gasaway may serve his time in work release. He also must seek evaluation from the Bowen Center for his anger.



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Cates told him he was to report to the sheriff’s department at 4 p.m. Feb. 2 unless he’s already made arrangements with Community Corrections.

According to a probable cause affidavit from the Kosciusko’s County Prosecutor’s Office, police arrived at The Church of Jesus Christ on Sept. 5 , 2016, after a report that a man had been run over in the parking lot.

A Kosciusko County Sheriffs Department officer went to the hospital where he met with a woman who claimed her ex-boyfriend, Gasaway, came over and accused her of stealing his motorcycle. She told the officer that Gasaway allegedly began to follow her and hit her vehicle window with a baseball bat.

The woman told police that she received a call from another man wanting her to pick him up at the church parking lot. When she got there, she told police she saw Gasaway driving circles around the man’s vehicle. She saw the man and drove him to Kosciusko Community Hospital, the affidavit states.

The man said Gasaway was circling his vehicle in a truck and swinging a baseball bat outside the window. The man said when he exited his vehicle to try and get Gasaway to stop, Gasaway struck him with the truck, the affidavit said.

The officer reported the man had severe cuts on his left leg and inner calf, including a cut on the right foot, and a cut about 5 to 6 inches from the hip to the knee, the affidavit said.

This morning, the victim’s mother said the past 1-1/2 years has been really hard for her son.

“I know you didn’t mean to hurt my boy, but I don’t think you know how bad you hurt him,” she told Gasaway.

She reminded Gasaway that he and her son were almost friends. Now her son has scars on his legs that are permanent, and he has to have surgery on them this summer.

She told him it was a miracle he was not facing murder charges, and she hoped Gasaway used this lesson as an opportunity to change for the better.

Gasaway’s attorney, David Kolbe, said Gasaway was not denying his culpability. While Gasaway has honored the order to not have contact with the victim, Kolbe said the victim has texted Gasaway, but Gasaway was responsible in not responding.

“Daven knows he has a no-contact order and will continue to do that despite these texts,” Kolbe said.

The victim did receive $100,000 from Gasaway’s insurance. Kolbe also told Cates that Gasaway has a child and job now and has become more responsible.

Gasaway told Cates, “I really am sorry for everything that has taken place. I wish I could take it all back.”

Cates said this was not a simple case.

“I do agree (with the victim’s mother) you’re darn lucky this was not a murder because you would be facing substantial time,” Cates said.

The judge also told Gasaway he needs to address his anger issues.