Homeless Man Sentenced For Battery, Mischief
October 26, 2018 at 9:07 p.m.
Homeless Man Sentenced For Battery, Mischief
By David [email protected]
Judge David Cates revoked the probation for Joshua Brandon Volkert, 33, and told him he was to serve a one-year sentence, suspended for Community Corrections or work release if he was qualified and remained qualified for it.
Cates accepted Volkert’s plea agreement for battery resulting in bodily injury to a public safety official, battery and criminal mischief. For the battery on a public safety official charge, Volkert was sentenced to three years in the custody of the Kosciusko County sheriff but may serve that in Community Corrections or work release if he’s qualified and remains qualified for it. On the other two charges, he was given 180 days, each concurrent to the first charge.
Cates told him work release would assist him in staying clean and sober, but if he didn’t Volkert would be remanded to the sheriff and the Department of Corrections.
Volkert pleaded guilty to the three charges Sept. 27, and under the plea agreement a charge of resisting law enforcement was dismissed.
Before the sentencing, Kosciusko County Chief Deputy Prosecutor Brad Voelz said Volkert was going to have to get his substance abuse under control. He said he felt that all of Volkert’s problems were related to his substance abuse.
[[In-content Ad]]
“His behavior and attitude over the years has caused him to be homeless and (incarcerated),” Voelz said.
Volkert’s attorney, Joseph B. Sobek, said Volkert recognizes he needs to get his substance abuse under control.
“He’s getting tired of this and he understands it’s from his own conduct,” Sobek said.
He said Volkert has applied to work release but hadn’t heard from it yet. While he wasn’t employed, Sobek said Volkert thinks he can get a job.
To Cates, Volkert said, “I’d like to be done hurting those around me. I would like to contribute to the community. I’m done being in jail.”
According to a probable cause affidavit filed Aug. 14, 2017, Syracuse Police Department officer Joseph Keene responded July 16, 2017, to a report of criminal mischief at Jellystone Campground in Pierceton. He was told a man was beating on the camper walls around the campground and threw a grill from another lot.
Keene found the man and later identified him as Volkert. He saw Volkert punch another man. Keene approached Volkert, who began yelling obscenities and would not obey Keene’s commands. After he was threatened with a stun gun, Volkert complied and was handcuffed.
The man Volkert punched said he did not know him and had been knocking on his camper window, yelling obscenities, and woke up his small children. Volkert started throwing furniture onto the ground and broke a flag mounted to the man’s deck before punching him.
While Keene was taking Volkert to jail, Volkert repeatedly slammed his head against the patrol vehicle cage. At the jail, Volkert was found to have a large cut and knot on the top of his head.
Volkert was taken to Kosciusko Community Hospital, where he had to be restrained. He kicked Keene in the neck and continued yelling obscenities until he was cleared from KCH and taken back to jail.
Latest News
E-Editions
Judge David Cates revoked the probation for Joshua Brandon Volkert, 33, and told him he was to serve a one-year sentence, suspended for Community Corrections or work release if he was qualified and remained qualified for it.
Cates accepted Volkert’s plea agreement for battery resulting in bodily injury to a public safety official, battery and criminal mischief. For the battery on a public safety official charge, Volkert was sentenced to three years in the custody of the Kosciusko County sheriff but may serve that in Community Corrections or work release if he’s qualified and remains qualified for it. On the other two charges, he was given 180 days, each concurrent to the first charge.
Cates told him work release would assist him in staying clean and sober, but if he didn’t Volkert would be remanded to the sheriff and the Department of Corrections.
Volkert pleaded guilty to the three charges Sept. 27, and under the plea agreement a charge of resisting law enforcement was dismissed.
Before the sentencing, Kosciusko County Chief Deputy Prosecutor Brad Voelz said Volkert was going to have to get his substance abuse under control. He said he felt that all of Volkert’s problems were related to his substance abuse.
[[In-content Ad]]
“His behavior and attitude over the years has caused him to be homeless and (incarcerated),” Voelz said.
Volkert’s attorney, Joseph B. Sobek, said Volkert recognizes he needs to get his substance abuse under control.
“He’s getting tired of this and he understands it’s from his own conduct,” Sobek said.
He said Volkert has applied to work release but hadn’t heard from it yet. While he wasn’t employed, Sobek said Volkert thinks he can get a job.
To Cates, Volkert said, “I’d like to be done hurting those around me. I would like to contribute to the community. I’m done being in jail.”
According to a probable cause affidavit filed Aug. 14, 2017, Syracuse Police Department officer Joseph Keene responded July 16, 2017, to a report of criminal mischief at Jellystone Campground in Pierceton. He was told a man was beating on the camper walls around the campground and threw a grill from another lot.
Keene found the man and later identified him as Volkert. He saw Volkert punch another man. Keene approached Volkert, who began yelling obscenities and would not obey Keene’s commands. After he was threatened with a stun gun, Volkert complied and was handcuffed.
The man Volkert punched said he did not know him and had been knocking on his camper window, yelling obscenities, and woke up his small children. Volkert started throwing furniture onto the ground and broke a flag mounted to the man’s deck before punching him.
While Keene was taking Volkert to jail, Volkert repeatedly slammed his head against the patrol vehicle cage. At the jail, Volkert was found to have a large cut and knot on the top of his head.
Volkert was taken to Kosciusko Community Hospital, where he had to be restrained. He kicked Keene in the neck and continued yelling obscenities until he was cleared from KCH and taken back to jail.
Have a news tip? Email [email protected] or Call/Text 360-922-3092