Several witnesses testified during the first day of a two-day jury trial for a North Webster man who allegedly tried to set a house on fire in Leesburg.
Ricky Alan Shepherd, 60, North Webster, is charged with attempted arson, a level 4 felony; intimidation, a level 6 felony; resisting law enforcement, a class A misdemeanor; and public intoxication, a class B misdemeanor.
Shepherd is being represented by Jay Rigdon, Warsaw. The state's case is being presented by Deputy Prosecuting Attorney Joseph Sobek.
In Indiana, a level 4 felony is punishable by two to 12 years in prison, with an advisory sentence of six years.
Affidavit Of Probable Cause
On Sept. 6, 2023, officers with the Kosciusko County Sheriff's Office and North Webster Police Department responded to a report of a man attempting to set a residence in Leesburg on fire.
Upon arrival at the scene, officers saw Shepherd walking down a nearby road. According to court documents, Shepherd allegedly resisted being handcuffed while threatening to fight and kill the police.
A woman said Shepherd repeatedly walked through her yard and made obscene gestures. She also said Shepherd yelled racial slurs at a man who resided there.
The woman was later informed by a neighbor that Shepherd tried to burn down her house. The neighbor initially thought Shepherd made the story up, but Shepherd said to check around the woman's house for the area he tried to burn. Shepherd showed the neighbor evidence of a burnt plate and matches he left near the home. The plate was about 6 to 8 inches away from the residence and 12 inches away from gas lines and other electrical equipment.
While being taken to a local hospital for medical clearance, Shepherd was rude to hospital staff and attempted to leave the hospital by pushing his body against a police officer's.
Trial Proceedings
Five men and eight women were seated on the jury in Kosciusko Superior Court One around 10:30 a.m. Monday, Aug. 5, with Judge Karin McGrath presiding.
In his opening statement, Sobek detailed the case's facts, stating a married couple was at home minding their own business when Shepherd "used horrific language" and told a neighbor he tried to set the couple's house on fire. Sobek asked the jury to find Shepherd guilty on all counts.
Rigdon told the jury to use their common sense when seeing and hearing the evidence presented by Sobek. He said they would have to determine if the state proved beyond a reasonable doubt that Shepherd took a substantial step toward committing arson, noting there was no damage to the couple's home.
The state called the couple as witnesses. The husband recalled Shepherd walking up to their house the day prior to the arson incident. He said he asked Shepherd, "Can I help you?" and testified that Shepherd became very loud, cursed at him, and yelled a racial slur.
The husband said he had never met Shepherd before but knew where he lived because a relative of his did landscaping work for Shepherd's mother.
During the morning hours of Sept. 6, 2023, the couple said Shepherd drove by their home and made an obscene gesture toward them. They told Shepherd to go home. Later that day, Shepherd came back to the residence on foot. At that point, the husband said he told his wife to call the police.
The wife said she believed Shepherd was "either drunk or on something."
The couple said a half-burnt styrofoam plate was found underneath their home's gas meter. The wife testified about a neighbor handing her matches that were found near her home. She said she had already called 911 about Shepherd before the matches and burnt plate were discovered.
The state's third witness was the couple's daughter's boyfriend. Before Shepherd had an argument with the couple on Sept. 6, 2023, the boyfriend said he stumbled across the burnt plate near the home.
He said he initially thought his nephews burnt a plate, but determined that wasn't true after speaking with them and learning more about Shepherd. The boyfriend testified about hearing Shepherd say, "I tried to burn this mother***** down."
He also recalled seeing Shepherd walk up and down a nearby street a couple times on Sept. 5, 2023. The boyfriend said he thought that behavior was suspicious since it was close to midnight at the time.
The couple and the boyfriend all testified through cross-examination by Rigdon about no damage occurring to the home.
Carrie Schambers, a neighbor, said Shepherd told her to go look near the couple's house's bedroom window for materials he burnt. Schambers said she didn't believe Shepherd at first, but found matches and a partially burnt plate on the ground. She testified that Shepherd was mad at the couple for "whatever reason" and used a racial slur. Schambers also said she had previously seen Shepherd in an intoxicated state and believed he was during the day of the alleged crimes.
North Webster Police Officer James Curtis and Kosciusko County Sheriff's Office deputy Tyler Stringfellow both responded to the scene on Sept. 6, 2023. While being taken into custody, Shepherd made several verbal threats toward law enforcement.
Curtis said Shepherd appeared to be in an intoxicated state. Stringfellow's body camera footage of Shepherd being placed into custody and speaking with Stringfellow while being taken to the Kosciusko County Jail was submitted as evidence. Footage showed Shepherd pulling away from officers while being detained and making threats toward law enforcement.
During a conversation with Stringfellow, Shepherd went back-and-forth on making statements about liking the cops and appreciating them, then threatening to hurt police officers.
Curtis said he didn't know what Shepherd was capable of in the state he was in. Stringfellow said officers take every type of threat seriously.
In cross-examination, both officers said no firefighters were called to the scene and no damage was visible on the residence.
A juror submitted a question about a blood analysis being performed on Shepherd. Stringfellow said one was not performed.
Following Stringfellow's testimony, Sobek rested the state's case.
The trial will continue at 9 a.m. Tuesday, Aug. 6.