A Warsaw man received a nine-year sentence after he was found guilty of repeatedly stalking a woman from 2020 to 2023.
During a three-day jury trial in October, Scotty Lee Van Hawk, 53, Warsaw, was found guilty on three charges of stalking, all level 5 felonies. Van Hawk was sentenced in Kosciusko Circuit Court on Thursday.
For each stalking charge, Kosciusko Circuit Court Judge Michael Reed sentenced Van Hawk to three years in the Indiana Department of Correction, with all three charges to be served back-to-back. The first 4-1/2 years will be executed, with the remaining 4-1/2 years suspended on probation.
As part of his DOC commitment, Reed requested Van Hawk receive a psychiatric evaluation and be provided any necessary mental health treatment recommended by DOC staff.
Van Hawk has over 1-1/2 years of jail time credit through days he was incarcerated and credit he received while on electronic monitoring.
A no-contact order between Van Hawk and the woman involved in this case remains in effect.
Van Hawk intends to appeal the sentence.
Mark Leeman, Van Hawk's defense attorney, said Van Hawk believed the court was biased for reasons previously brought before Reed. Van Hawk also said artificial intelligence translation services provided in court due to a hearing disability Van Hawk has were inadequate. Reed said Van Hawk's statement regarding bias was not founded in fact and that multiple hearings were held regarding accommodations for Van Hawk's hearing.
Leeman called five witnesses who provided character statements on Van Hawk. Darren Young, a lifelong friend of Van Hawk's, said he never experienced any issues with Van Hawk and described him as an honest and helpful person.
Georgianna Smith, Van Hawk's sister, described him as "the best brother and dad." She said Van Hawk adores his children and was more hands-on with them when his wife left.
"He has missed so much of their lives because of this, and they miss him," said Smith.
Bud Van Scoik, Van Hawk's father, said there was a long period of time where he was estranged from Van Hawk following his divorce from Van Hawk's mother. They reconnected following Van Hawk's own divorce.
Van Scoik said Van Hawk had never been violent and that his divorce experience gave him a better perspective on his father.
Silvester Hatcher, Van Hawk's uncle; and Young both commented on Van Hawk's professional motorcycle riding experience. They testified about Van Hawk founding Four Feathers Racing and his charitable work in giving back to children. Ginny Hatcher, Van Hawk's aunt, described Van Hawk as a "good, helpful man."
"He's been through a rough divorce and unfairly treated through it," said Silvester.
All of the witnesses testified about Van Hawk's love for his children and his helpfulness to others.
In his own statement to the court, Van Hawk said he got involved in professional motorcycle racing in the early ’90s, but that none of that "held a candle to being a father."
"Being a father was the only thing I ever wanted to do," said Van Hawk. "Everyone here behind me knows my character and knows my children are my entire life."
Van Hawk said the hardest part of being sentenced would be not seeing his children and told Reed he would follow every court order given to him.
Prosecutor Brad Voelz asked the court to take judicial notice of all the procedures within Van Hawk's cases, including how numerous cases against Van Hawk were consolidated into the three stalking charges he was found guilty of. He also requested the court take notice of a letter submitted by the victim and the evidence presented at trial.
Voelz further recalled the significant harm caused to the woman, including the filing of a small claims case and commitment papers, and the publication of her private diary on the internet. He also said Van Hawk repeatedly violated court orders.
"Scotty Van Hawk has shown over and over and over again that he has no respect for authority of the court, illustrated by his relentless defiance," said Voelz. "The only time (the woman) has had peace has been when Scotty is behind bars. She is extremely justified in her fear of him. To deprive Scotty Van Hawk of his freedom is the only way for her to get peace."
Leeman asked the court to consider the character statements about Van Hawk and requested a minimum sentence for two of the stalking felonies he was found guilty of.
"These cases and convictions don't show the full character of who he is," said Leeman.
Reed described the case as "incredibly difficult" and "one that keeps me up at night."
"This was not an isolated incident and was a pattern of ongoing behavior for years," said Reed. "I'm not here to pass judgment on whether Scotty is a good person, a good father, or even if he's a bad person, or a bad father. I have to decide what the appropriate punishment is for this ongoing criminal conduct."
Reed said the court never alleged Van Hawk was a violent person.
"There is harm and damage that can be done that is not physical," said Reed. "I've been in law for 31 years, and this is the most egregious conduct I've ever seen in repeated violations of orders by multiple courts."
He also recalled Van Hawk's actions against the woman.
"And to say that's not emotional damage? My goodness," said Reed. "I watched (Scotty) intimidate her on the witness stand at trial. What he did was unconscionable and I've never seen anything like this personally. The serial nature of the offenses speak for themselves."
Reed said Van Hawk was also "oblivious to the impropriety of his conduct" and that the offenses occurring over a long period of time merited consecutive sentencing.
Affidavit Of Probable Cause
On Nov. 22, 2019, a woman filed for a protection order against Van Hawk. The order prohibited Van Hawk from communicating with her, with the exception being civil discussion about their children.
According to court documents, the order was served on Van Hawk in January 2020. In July 2020, a Kosciusko County Sheriff's Office deputy received a report about Van Hawk violating the protective order. At that time, Van Hawk already had three cases pending in Kosciusko Superior Court II for violating the protective order.
Van Hawk sent threats of sending search parties to the woman's residence and also created a website targeting the woman and her parents. On the website, Van Hawk posted handwritten letters by the woman, including diary entries.
Van Hawk continued violating the protective order in late 2020 and early 2021. The woman said she didn't report every incident the same day it occurred since they constantly happened and since she reported the violations frequently.
During these violations, Van Hawk sent the woman several harassing and intimidating messages. In March 2021, Van Hawk filed a notice of claim against the woman, alleging she physically and emotionally abused children in her care. He also sent the woman a picture of a petition for involuntary commitment, alleging she needed to be committed for a mental health evaluation.
In February 2023, Van Hawk was released from custody following multiple criminal cases filed against him for stalking, intimidation, and invasion of privacy. Following his release, he continued contact with the woman and violating the protective order. In addition to phone harassment, Van Hawk drove past the woman's house.
In March 2023, Van Hawk was arrested on a warrant for violation of the protective order. While searching a cellphone belonging to Van Hawk, a detective found searches related to pointing a gun on someone in Indiana, the woman's name, and the serving of protective orders.