Benton Co. Woman’s Overdose Death Leads To 3 Arrests

August 29, 2023 at 5:40 p.m.
Zachary Tyler Dustin
Zachary Tyler Dustin

By JACKIE GORSKI Lifestyles Editor

Three people, including two from Warsaw, were arrested in connection to a fatal overdose in Benton County.
In Benton County, Zachary Tyler Dustin, 32, of 3351 E. James Way Court, Warsaw, is charged with dealing in a controlled substance resulting in death, a level 1 felony.
Dustin was booked into the Benton County Jail.
In Benton County, Benjamin Albert Elness, 33, Oxford, is charged with dealing in a narcotic drug, a level 5 felony; neglect of a dependent, a level 6 felony; and possession of a controlled substance, a class A misdemeanor.

In Kosciusko County, Linda L. Leeper, 3351 E. James Way Court, Warsaw, is charged with possession of a narcotic drug with enhancing circumstances, a level 4 felony; and possession of marijuana, a class B misdemeanor.
Leeper was booked into the Kosciusko County Jail at 4:34 p.m. Friday with a $15,250 preliminary bond.
On Aug. 25, a Benton County Sheriff’s Department deputy responded to a possible drug overdose.
According to the probable cause affidavit, the deputy found a woman, later identified as Tiara Elness, unresponsive. She was transported to the hospital and later pronounced dead.
The deputy talked to Benjamin Elness, Tiara’s husband, and said both he and Tiara had used fentanyl and had gone to bed. Benjamin told the deputy he purchased the fentanyl on Thursday, but would not give the man’s name he purchased the fentanyl from.
A search warrant was obtained and the deputy searched the residence. During the search, a blue partial pill and a straw were seized.
Benjamin gave the password to a cell phone and conversations were found on an app. During an interview, Benjamin said he got the pills from a man he only knew as Dustin. Benjamin said he had driven to Warsaw and met with Dustin, later identified as Zachary Dustin, and bought pills from him.
The deputy was able to locate a searched address in Warsaw that came back to the address on Dustin’s license. The deputy did a photo lineup and Benjamin picked out Dustin’s photo.
On Friday, the Kosciusko County Sheriff’s Office was informed the Benton County Sheriff’s Department had an arrest warrant for Dustin and had a search warrant for his residence.
Officers served the search warrant Friday to the homeowner, Leeper, and arrested Dustin, who the probable cause affidavit said appeared to be under the influence of drugs. Dustin said he had done a lot of marijuana because he was nervous.
Officers searched the residence and, in the basement, a powder residue was found that field tested presumptive positive for fentanyl.
In Leeper’s bedroom, officers found a black case that included a prescription bottle that contained two plastic bags that contained blue pills. One bag contained 48 pills and the other bag contained 16 pills and they field tested presumptive positive for fentanyl. On a table, there was white powder that field tested presumptive positive for fentanyl.
An officer spoke with Leeper and Leeper said the blue pills belonged to her. She said someone comes to the residence and drops off pills and she goes to Fort Wayne and gets pills, according to court documents.

Three people, including two from Warsaw, were arrested in connection to a fatal overdose in Benton County.
In Benton County, Zachary Tyler Dustin, 32, of 3351 E. James Way Court, Warsaw, is charged with dealing in a controlled substance resulting in death, a level 1 felony.
Dustin was booked into the Benton County Jail.
In Benton County, Benjamin Albert Elness, 33, Oxford, is charged with dealing in a narcotic drug, a level 5 felony; neglect of a dependent, a level 6 felony; and possession of a controlled substance, a class A misdemeanor.

In Kosciusko County, Linda L. Leeper, 3351 E. James Way Court, Warsaw, is charged with possession of a narcotic drug with enhancing circumstances, a level 4 felony; and possession of marijuana, a class B misdemeanor.
Leeper was booked into the Kosciusko County Jail at 4:34 p.m. Friday with a $15,250 preliminary bond.
On Aug. 25, a Benton County Sheriff’s Department deputy responded to a possible drug overdose.
According to the probable cause affidavit, the deputy found a woman, later identified as Tiara Elness, unresponsive. She was transported to the hospital and later pronounced dead.
The deputy talked to Benjamin Elness, Tiara’s husband, and said both he and Tiara had used fentanyl and had gone to bed. Benjamin told the deputy he purchased the fentanyl on Thursday, but would not give the man’s name he purchased the fentanyl from.
A search warrant was obtained and the deputy searched the residence. During the search, a blue partial pill and a straw were seized.
Benjamin gave the password to a cell phone and conversations were found on an app. During an interview, Benjamin said he got the pills from a man he only knew as Dustin. Benjamin said he had driven to Warsaw and met with Dustin, later identified as Zachary Dustin, and bought pills from him.
The deputy was able to locate a searched address in Warsaw that came back to the address on Dustin’s license. The deputy did a photo lineup and Benjamin picked out Dustin’s photo.
On Friday, the Kosciusko County Sheriff’s Office was informed the Benton County Sheriff’s Department had an arrest warrant for Dustin and had a search warrant for his residence.
Officers served the search warrant Friday to the homeowner, Leeper, and arrested Dustin, who the probable cause affidavit said appeared to be under the influence of drugs. Dustin said he had done a lot of marijuana because he was nervous.
Officers searched the residence and, in the basement, a powder residue was found that field tested presumptive positive for fentanyl.
In Leeper’s bedroom, officers found a black case that included a prescription bottle that contained two plastic bags that contained blue pills. One bag contained 48 pills and the other bag contained 16 pills and they field tested presumptive positive for fentanyl. On a table, there was white powder that field tested presumptive positive for fentanyl.
An officer spoke with Leeper and Leeper said the blue pills belonged to her. She said someone comes to the residence and drops off pills and she goes to Fort Wayne and gets pills, according to court documents.

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