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A jury has entered deliberations in a trial Wednesday for a Leesburg man who allegedly drove under the influence and got into a vehicle accident, causing injuries to two people.
Paul Andrew Schacht, 57, 58 EMS T13B Lane, Leesburg, is charged with two counts of causing serious bodily injury when operating a motor vehicle with an ACE of 0.08 or more, both level 5 felonies.
Schacht is being represented by Austin Rovenstine, Warsaw. The state's case is being presented by Chief Deputy Prosecuting Attorney Dan Hampton.
In Indiana, a level 5 felony is punishable by one to six years in prison, with an advisory sentence of three years.
Affidavit Of Probable Cause
On Aug. 5, 2023, a Kosciusko County Sheriff's Office deputy responded to a two-vehicle accident at East McKenna Road and North CR 600E, near Barbee. Prior to arrival, the deputy was informed one of the vehicle's drivers, later identified as Schacht, had to be pulled from his vehicle and was showing physical signs of intoxication.
According to court documents, the second vehicle's driver sustained a hand laceration. A female passenger in the second vehicle, later identified as the second driver's mother, sustained an extensive injury to her left leg.
Schacht initially refused to provide a breath sample but consented to a chemical test. After being advised the chemical test was separate from the breath test, Schacht provided a breath sample, which registered at 0.23% BrAC.
On Aug. 25, 2023, Great Lakes Labs sent the results of Schacht's chemical test, which showed Schacht's blood results were at 0.280 BAC.
Due to the accident, the passenger in the second vehicle sustained extensive injuries and was hospitalized until Aug. 7, 2023. It was determined the passenger sustained multiple fractures and a lung contusion.
Opening Statements
Proceedings began in Kosciusko Superior Court III shortly after 10:30 a.m., with Judge Chad Miner presiding.
In his opening statement, Hampton said the case's evidence would show the driver of the second vehicle and his mother were with family at Texas Roadhouse in Warsaw when they began traveling to a house that a relative of theirs had rented.
"Little did they know they would experience an accident that would change their lives forever," said Hampton.
Hampton told the jury Schacht's level of intoxication was three times the legal limit and the individuals in the vehicle Schacht allegedly hit were still suffering from their injuries years later.
Rovenstine said there was a "fog of confusion that occurs" after an accident and that some details got overlooked by law enforcement. He argued the presented evidence would show Schacht didn't commit a crime and that both Schacht and the second driver had consumed alcoholic beverages prior to the accident. Rovenstine also referenced a statement from one of Schacht's friends at the accident scene, with the friend stating the second driver crossed the centerline and hit Schacht's vehicle.
"The evidence here is messy and muddled," said Rovenstine.
State's Witnesses
The state's first witness was Kosciusko County Sheriff's Office deputy Logan Pitts, who investigated the OWI aspect of the accident. Pitts testified that while he was at the scene, both Schacht and the second driver said they had consumed beer, with Schacht saying he had one beer and the second driver having three beers. Pitts noted Schacht was exhibiting several indicators that he had drank more than one beer.
When asked about Schacht's certified chemical test, Pitts said Schacht had a 0.298 BAC.
In cross-examination, Rovenstine asked Pitts if he agreed that causation is required to determine if OWI resulting in serious bodily injury has occurred. Pitts answered affirmatively. He also said a different police officer investigated the accident's cause and that he only handled the OWI aspect of it. Rovenstine also asked Pitts about the various emergency agencies that responded to the scene, with Pitts stating there were at least three different police departments present. However, in redirect, Pitts said that while a lot of personnel were there, it didn't jeopardize his part of the investigation.
North Webster Police Department officer Jimmy Curtis was the state's second witness and said he was the first officer at the scene. Curtis assessed the vehicles' occupants' injuries and spoke with a couple of witnesses, including Debora Derrickson, Schacht's friend. Body camera footage from Curtis was played in court, with footage showing Derrickson stating the second involved vehicle almost hit her.
The second driver involved in the accident was the next witness and testified Schacht's vehicle crossed into his lane of travel. He described the accident as "immediate. I tried to avoid it, but it was too quick. I wasn't able to do much."
The driver said he believed he briefly went unconscious and that when he awakened, he immediately checked on his mother. When asked about any injuries he sustained, the driver said he noticed his hand was injured and that he had to seek medical attention, which involved ligaments in his hand being reconstructed. The driver also told the jury he still experiences pain in his hand when it's cold outside.
In further testimony, the driver said he had three beers but wasn't intoxicated and didn't cause the accident.
During cross-examination by Rovenstine, the driver said he didn't have a driver's license or insurance.
Kosciusko County Sheriff's Office Det. Kreg Kuhn, who worked in the patrol division at the time of the accident, said he handled the investigation for the accident's cause. He said both involved drivers blamed the other for the accident. Several pictures of the two wrecked vehicles were submitted as evidence to the court. With large pieces of debris in the middle of the roadway and both vehicles spinning in some degree, Kuhn testified that he believed Schacht's vehicle traveled left of center, hitting the second driver's car.
"I would bet money on it," said Kuhn, stating that was based on the debris field and point of impact for the accident.
In cross-examination, Rovenstine asked Kuhn about discrepancies in a deposition Kuhn gave in April and then his testimony at trial. During his deposition, Kuhn said it was hard to say who caused the accident and that a diagram wasn't placed within the accident report since there was a discrepancy on who was at fault. Kuhn said after reviewing the information prior to trial, he believed Schacht was at fault.
The state's final witness was the second driver's mother, who was a passenger in the vehicle at the time of the accident. She was assisted by court staff to and from the witness stand due to difficulties walking, which she stated were because of the accident.
The woman said she believed she lost consciousness during the accident and woke up to see the vehicle she was in was smoking.
"It's very difficult to talk about the accident," she said, describing what occurred as traumatic. "It changed my life."
In her testimony, the woman said she was now disabled because of the accident and can't stand for long periods of time due to injuries she sustained to her pelvis and foot.
"I live with pain," said the woman. "I was a woman who worked and this accident changed everything."
Photos of the woman's injuries were submitted as evidence to the jury. Following the woman's testimony, Hampton rested the state's case.
Defense's Evidence
Rovenstine called Derrickson as the defense's sole witness. Derrickson said she was at a local sports bar when she saw Schacht there, and the two agreed to travel to Derrickson's home in separate vehicles, with Derrickson leading. In her testimony, Derrickson said an eastbound vehicle swerved into her lane of travel and that while she avoided a collision, Schacht's vehicle was hit. She told the jury she was "very certain" the second vehicle caused the accident and that Schacht did not appear intoxicated to her when they left the bar.
Closing Statements
In closing, Hampton told the jury it was up to them to determine if any doubt within this case is "reasonable" and to focus on testimony form Kuhn and the second driver while in deliberations. He also elaborated on several final instructions proposed to the jury and provided further clarification on the process.
Rovenstine said the jury needed to be "firmly convinced" and argued Hampton had not provided firm evidence to find Schacht guilty. He also stated Schacht hadn't been proven as the definite cause of the serious injuries to the second driver and his mother. Rovenstine further told the jury the second driver had incentive to lie about what occurred since he didn't possess a driver's license or insurance.
