Manslaughter Case Brings 17.5-Year Term
July 17, 2018 at 4:53 p.m.
Manslaughter Case Brings 17.5-Year Term
By David [email protected]
Daniel Scott Vanderpool, 56, of 2204 Dubois Drive, Warsaw, was sentenced for attempted voluntary manslaughter, a level 2 felony, with 10 years to be served and the last 7½ years on probation. The sentence was the minimum advisory sentence; Vanderpool could have received up to 30 years in the Indiana Department of Corrections on the charge.
Vanderpool has 57 days of jail time credit. Once he is released, he must get a mental health evaluation. All his firearms and other items taken into evidence in the case must be forfeited to the WPD.
Originally, charges leveled against Vanderpool were attempted murder, a level 1 felony, and criminal recklessness while armed with a deadly weapon, a level 6 felony.
Vanderpool pleaded guilty to the attempted voluntary manslaughter charge in Kosciusko County Circuit Court Judge Michael Reed’s court on April 23 .
Before the sentence was handed down, Vanderpool’s defense attorney, Matthew J. Buehler, called Vanderpool to the stand.
Vanderpool said he grew up in Warsaw, moved away in 1990, and then moved back about 10 years ago. He said he’s received treatment for depression and anxiety since 1998. On the night of the shooting, Feb. 19, 2017, he said he was under the care of a Bowen Center physician. He consumed a lot of vodka that night along with taking his medication.
While he couldn’t remember much of what happened that night, Vanderpool said based on what he was told, what he read and what he could remember, an alarm was tripped in the basement by a cat. Officers responded and he fired a shot. Tear gas was thrown in his residence to get him out and he was taken into custody.
Prior to the incident, Vanderpool had no history of criminal activity.
Asked by Buehler why he did what he did that night, Vanderpool responded, “It’s difficult to explain without it sounding like an excuse. There is no excuse. I made bad decisions.”
He said his mother was ill, and still is ill, and he had planned to drink vodka that night until he passed out. He consumed his medication with the alcohol and passed out on the couch. He was awakened by a house alarm and couldn’t shut it off right away. He said the alarm was so loud it was oppressive.
“I”m really grateful you’re here today,” Vanderpool told WPD officer Gordon Allen, the officer he shot at and who sat at the prosecutor’s table during sentencing.
Vanderpool offered Allen his apologies. “I am so sorry for the fear I put in you that night.” He asked Allen to forgive him, but said if he couldn’t he understood. Vanderpool then apologized to all police officers for the fear that night. He offered them an apology “from the bottom of my heart.”
County Prosecutor Dan Hampton asked Vanderpool how long they’ve known each other. Vanderpool said since they were 10 years old. Hampton told him he could probably understand why he was surprised that night when he got the call from police about the situation. But Hampton told Vanderpool he agreed with him that Vanderpool created the situation.
“No doubt about it,” Vanderpool agreed. “This was all on me.”
Hampton then read the probable cause affidavit for the case. On Feb. 19, 2017, at about 10:46 p.m., Allen and Christopher Brown responded to a broken glass residential alarm at 2204 Dubois Drive. Allen saw interior lights on inside the residence and a large portion of the glass storm door was shattered. He approached the front door and saw a man with no shirt on standing and moving to a crouched position in the living room. Allen saw his face and locked eyes with the subject who was in a crouched position. Brown saw the man had a shotgun pointed at the glass storm door. Allen moved away from the door opening and heard a loud boom with the shot going through the door that he just left. Officers requested assistance and surrounded the residence. Allen could hear the man yell, “Shoot me now.”
Brown responded to the front of the residence and looked into the front bay window and saw a man get down behind a couch with a shotgun pointed at the front door toward where Allen was. Brown told Allen the man had a shotgun and Allen moved away from the door, and Brown saw a muzzle flash from the shotgun fired toward the front door where Allen had been standing.
Kosciusko County Central Dispatch received a call from a man who identified himself as Vanderpool. He said the police officers were outside and he was lying in the living room. Vanderpool was belligerent and yelling profanity at the dispatch operator. He said he was going to start shooting and shoot through the window and fire toward the police. He asked the operator if he should kill a cop. He said he is sorry there was a dead police officer “right now,” according to the affidavit.
After a period of negotiation, Vanderpool failed to comply with officers’ commands. Officers used gas into the residence and Vanderpool existed the residence with his hands in the air and no weapons. Vanderpool was arrested.
[[In-content Ad]]
Searching the residence, officers found three spent .45 caliber shell casings and an empty shotgun shell by the front door, a loaded .45 caliber Glock handgun that had a cartridge jammed in the bedroom, and a 12 gauge semi-automatic shotgun with a shell jammed in the ejection port on a bed.
Officers tracked where all the bullets had landed after being fired, and all were fired toward a very busy roadway and a very populated area as where as where Allen parked his patrol vehicle.
WPD officer RJ Nethaway spoke with Vanderpool who admitted he fired the shotgun and the handgun. He said he had been having trouble with his alarm and he punched it, breaking it.
During an interview at the hospital after the incident, Vanderpool admitted he expected to see the dead body of a police officer when he walked out of his house.
Hampton said the case was difficult for him because he’s known Vanderpool for a long time, but it’s his job to protect the community and Vanderpool committed those actions. He said it’s fortunate in this community this kind of violence doesn’t happen often, but when it does happen it must be addressed.
Before giving the sentence, Reed said there’s days it’s bad to sit in his position and today was one of them. He said he was glad Allen and Vanderpool were there today, as the situation was a nasty one. He said he thought about the sentencing for a long time, and that Vanderpool’s actions were out of character, but they couldn’t go unpunished.
Latest News
E-Editions
Daniel Scott Vanderpool, 56, of 2204 Dubois Drive, Warsaw, was sentenced for attempted voluntary manslaughter, a level 2 felony, with 10 years to be served and the last 7½ years on probation. The sentence was the minimum advisory sentence; Vanderpool could have received up to 30 years in the Indiana Department of Corrections on the charge.
Vanderpool has 57 days of jail time credit. Once he is released, he must get a mental health evaluation. All his firearms and other items taken into evidence in the case must be forfeited to the WPD.
Originally, charges leveled against Vanderpool were attempted murder, a level 1 felony, and criminal recklessness while armed with a deadly weapon, a level 6 felony.
Vanderpool pleaded guilty to the attempted voluntary manslaughter charge in Kosciusko County Circuit Court Judge Michael Reed’s court on April 23 .
Before the sentence was handed down, Vanderpool’s defense attorney, Matthew J. Buehler, called Vanderpool to the stand.
Vanderpool said he grew up in Warsaw, moved away in 1990, and then moved back about 10 years ago. He said he’s received treatment for depression and anxiety since 1998. On the night of the shooting, Feb. 19, 2017, he said he was under the care of a Bowen Center physician. He consumed a lot of vodka that night along with taking his medication.
While he couldn’t remember much of what happened that night, Vanderpool said based on what he was told, what he read and what he could remember, an alarm was tripped in the basement by a cat. Officers responded and he fired a shot. Tear gas was thrown in his residence to get him out and he was taken into custody.
Prior to the incident, Vanderpool had no history of criminal activity.
Asked by Buehler why he did what he did that night, Vanderpool responded, “It’s difficult to explain without it sounding like an excuse. There is no excuse. I made bad decisions.”
He said his mother was ill, and still is ill, and he had planned to drink vodka that night until he passed out. He consumed his medication with the alcohol and passed out on the couch. He was awakened by a house alarm and couldn’t shut it off right away. He said the alarm was so loud it was oppressive.
“I”m really grateful you’re here today,” Vanderpool told WPD officer Gordon Allen, the officer he shot at and who sat at the prosecutor’s table during sentencing.
Vanderpool offered Allen his apologies. “I am so sorry for the fear I put in you that night.” He asked Allen to forgive him, but said if he couldn’t he understood. Vanderpool then apologized to all police officers for the fear that night. He offered them an apology “from the bottom of my heart.”
County Prosecutor Dan Hampton asked Vanderpool how long they’ve known each other. Vanderpool said since they were 10 years old. Hampton told him he could probably understand why he was surprised that night when he got the call from police about the situation. But Hampton told Vanderpool he agreed with him that Vanderpool created the situation.
“No doubt about it,” Vanderpool agreed. “This was all on me.”
Hampton then read the probable cause affidavit for the case. On Feb. 19, 2017, at about 10:46 p.m., Allen and Christopher Brown responded to a broken glass residential alarm at 2204 Dubois Drive. Allen saw interior lights on inside the residence and a large portion of the glass storm door was shattered. He approached the front door and saw a man with no shirt on standing and moving to a crouched position in the living room. Allen saw his face and locked eyes with the subject who was in a crouched position. Brown saw the man had a shotgun pointed at the glass storm door. Allen moved away from the door opening and heard a loud boom with the shot going through the door that he just left. Officers requested assistance and surrounded the residence. Allen could hear the man yell, “Shoot me now.”
Brown responded to the front of the residence and looked into the front bay window and saw a man get down behind a couch with a shotgun pointed at the front door toward where Allen was. Brown told Allen the man had a shotgun and Allen moved away from the door, and Brown saw a muzzle flash from the shotgun fired toward the front door where Allen had been standing.
Kosciusko County Central Dispatch received a call from a man who identified himself as Vanderpool. He said the police officers were outside and he was lying in the living room. Vanderpool was belligerent and yelling profanity at the dispatch operator. He said he was going to start shooting and shoot through the window and fire toward the police. He asked the operator if he should kill a cop. He said he is sorry there was a dead police officer “right now,” according to the affidavit.
After a period of negotiation, Vanderpool failed to comply with officers’ commands. Officers used gas into the residence and Vanderpool existed the residence with his hands in the air and no weapons. Vanderpool was arrested.
[[In-content Ad]]
Searching the residence, officers found three spent .45 caliber shell casings and an empty shotgun shell by the front door, a loaded .45 caliber Glock handgun that had a cartridge jammed in the bedroom, and a 12 gauge semi-automatic shotgun with a shell jammed in the ejection port on a bed.
Officers tracked where all the bullets had landed after being fired, and all were fired toward a very busy roadway and a very populated area as where as where Allen parked his patrol vehicle.
WPD officer RJ Nethaway spoke with Vanderpool who admitted he fired the shotgun and the handgun. He said he had been having trouble with his alarm and he punched it, breaking it.
During an interview at the hospital after the incident, Vanderpool admitted he expected to see the dead body of a police officer when he walked out of his house.
Hampton said the case was difficult for him because he’s known Vanderpool for a long time, but it’s his job to protect the community and Vanderpool committed those actions. He said it’s fortunate in this community this kind of violence doesn’t happen often, but when it does happen it must be addressed.
Before giving the sentence, Reed said there’s days it’s bad to sit in his position and today was one of them. He said he was glad Allen and Vanderpool were there today, as the situation was a nasty one. He said he thought about the sentencing for a long time, and that Vanderpool’s actions were out of character, but they couldn’t go unpunished.
Have a news tip? Email [email protected] or Call/Text 360-922-3092