Continuously serving Kosciusko County since 1854
Both the defense and the prosecution rested in the second day of testimony Wednesday in the attempted murder trial of a Shipshewana man.
Criss Duncan, 45, of Shipshewana is on trial for attempted murder for his alleged role in shooting at Milford Town Marshal David Hobbs in 2003. Duncan and Ralph D. Berkey of Elkhart were convicted of armed robbery after holding up the National City Bank Leesburg Branch May 27, 2003. Both were sentenced in federal court for the robbery.
Hobbs took the stand Wednesday before noon to testify for the prosecution and took the stand again for the defense's cross-examination after lunch. Hobbs has been the Milford Town Marshal for 27 years.
Hobbs told jurors that he heard about the Leesburg robbery from Kosciusko County Dispatch and went out to set up a perimeter, which is standard operating procedure in robberies or other crimes. Once Hobbs was in his patrol vehicle, he heard over the police scanner a description of the suspects as two males in camouflage, full body armor and ski masks with military automatic weapons. They suspects were seen leaving the Leesburg bank heading west.
While on his set perimeter route, Hobbs was traveling west on CR 1050N when he saw a maroon truck heading northbound on CR 300W. Hobbs said he thought he recognized the vehicle, but as he got close, he did not know the driver.
Both vehicles had their windows down, and Hobbs asked the driver to put the truck in park.
"I didn't recognize the driver, so I asked him to put his hands on the steering wheel," said Hobbs. Hobbs added that he always asks people he does not recognize to put their hands on the steering wheel.
As he approached the truck, Hobbs watched the driver, who he described as having short hair and missing four top front teeth.
"His expressions were like if he were under a lot of stress," Hobbs said. "When my shoulder was to his mirror, he looked down and to his right. Then I looked."
When asked what he saw, Hobbs became visibly shaken. Hobbs' face turned red, he became very quiet and covered his face, fighting back tears.
"Excuse me," he whispered.
After a moment, Hobbs responded, "I seen what I call an M-16. An M-16 and an AR-15 look alike. ... The person in the passenger seat leaned back and the M-16 came up toward me.
"Then I yelled. Really, I'm not sure what I said."
Hobbs said he then moved back and pulled out his gun.
"I thought I was going to die," Hobbs said. "I drew my weapon and started shooting. ... I was in protective mode."
Hobbs said he fired his gun and the truck took off around the back of his patrol car, veered off the roadway to the left, drove back onto the roadway and then veered off the right side of the road. After the truck got back on the road the second time, it slowed and Hobbs saw movement inside.
"All at once I saw a black silhouette and rounds started coming at me," Hobbs said. "They were shooting at me. ... I could hear the impact of bullets."
Two of the bullets struck Hobbs' patrol car, but Hobbs said he realized he "couldn't shoot no more" because there were houses to the left and right of where the truck was.
Hobbs believes about eights rounds were fired from the truck, but "believe me, I was not counting rounds then."
Hobbs tried to follow the pair but lost them.
Then Hobbs went to the Nappanee airport, where he was interviewed by the Indiana State Police before he returned to the scene of the incident.
In other testimony Wednesday, Kosciusko County Sheriff's Detective Sgt. John Ayres took the stand for the prosecution. Ayres said he helped with the investigation of the wooded area near CR 800N and CR 200W where the burned getaway van was found. He explained how the Indiana State Police determined the vehicle identification number from what remained of the vehicle. The van was traced back to Steve Fisher, who told police he sold it to Rick McCumby. McCumby eventually sold the vehicle to Duncan, who used it as a getaway vehicle for the armed robbery of the Leesburg bank.
Ayres also helped execute the search warrant on a blue Camaro that belonged to Berkey and was used in the days following the robbery. When the Camaro was searched, detectives found a police scanner and a satchel full of cash.
When searching a black Mazda truck that belonged to Duncan, detectives discovered three AR-15 assault rifles, two drum magazines containing 120 rounds each and a camouflage flap-jacket vest.
Another witness for the prosecution, Dr. Michael Gasko of South Bend, told jurors that he examined Duncan's mouth and observed "missing, decayed and restored teeth." Gasko also saw a partial dental plate for Duncan's "upper four incisor teeth."
Once the prosecution finished its case, the defense called its witnesses to the stand.
Timothy Theriault, FBI Special Agent, was assigned to the Leesburg armed robbery case and questioned Ralph Berkey in the U.S. Attorney's Office in the Federal Building in South Bend in September 2003. Theriault read portions of the transcript of the interviews where Berkey said he shot at Hobbs' police car.
Indiana State Police Detective Tom Littlefield testified about the transcript of the Hobbs interview conducted less than three hours after the shooting occurred.
The defense's last witness was Robin Cassity, Duncan's fiancee. Cassity testified that in 2003 Duncan had short hair and a mustache and that his top front two and bottom three teeth were missing. She said it was rare for him not to wear his partial plate, and that in the 12 years she had known him, she had only seen him without it twice.
Cassity also said she saw Berkey and many other people shoot guns.
During the prosecution's cross examination, Cassity admitted she bought part of a gun in Kentucky and an entire gun in Elkhart for Duncan because she knew he could not legally buy one.
The defense rested its case Wednesday afternoon.
The court reconvened at 8:30 a.m. today, and the jury will hear final instructions and closing arguments before deliberating.
