Kosciusko County Superior Court I Judge Duane Huffer took a plea agreement under advisement from an alleged gunman.
Elgin John Smiley, 21, of Warsaw, pleaded guilty to criminal recklessness, a Class C felony. In return for his plea, the state of Indiana agreed to dismiss count one, attempt to commit murder, a Class A felony. A Class C felony holds a prison sentence of between two and eight years, while a Class A felony holds a prison sentence of between 20 and 50 years.
The probable cause affidavit alleges that on Oct. 11, 2011, Smiley fired a .45 cal. bullet into an apartment in the 1500 block of Tippecanoe Drive. When Warsaw Police Department arrived on the scene they found a hole in the door of an apartment and a bullet in the attic that coincided with the trajectory of the alleged shot. They also found a .45 shell casing on the ground outside the apartment, two rifles behind the apartment, as well as one handgun, four latex gloves and two .45 cartridges.
Witnesses placed Smiley at the apartment building when the shots were fired. A neighbor said she heard a loud pop and heard someone running down the stairs. She then stated she looked through the peephole and saw a black man with long curly hair running down the stairs.
Other witnesses said they saw Smiley just before the gunshot was fired in their apartment building. One witness said he saw Smiley crouching behind the stairs, then he saw Smiley stand up and shoot at the apartment. When officers showed the two men photos of six different people in a lineup, they identified Smiley as the shooter.
Huffer took the plea under advisement. A court date has not been set for his decision on the plea deal.
