Nappanee Man Gets 10 Years For 2019 Death Of Motorcyclist
Nappanee Man Gets 10 Years For 2019 Death Of Motorcyclist
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Amanda Bridgman-
Nappanee Man Gets 10 Years For 2019 Death Of MotorcyclistA Nappanee man who had synthetic drugs in his system when he crossed a double yellow line and killed a motorcyclist was sentenced to 10 years in prison Wednesday.
Glenn Dale Chupp, 22, of 8400 N. CR 900W, Nappanee, appeared Wednesday in front of Kosciusko Superior Court III Judge Chad Miner and was sentenced to 10 years in the Indiana Department of Corrections for a Level 4 felony conviction of operating while intoxicated with a schedule I or II substance in the body resulting in death.
Chupp also was ordered to pay $12,631.47 in restitution to the victim’s wife.
Through a plea agreement with prosecutors, Chupp cannot modify his sentence until after at least five years are executed. That came into play because Miner referred Chupp to participate in the IDOC’s Recovery While Incarcerated (RWI) program, which means upon successful completion, Chupp could petition the court to revisit and modify his sentence.
Chupp also was sentenced to two years of formal probation for a Level 6 felony conviction for battery against a public safety official. That probation will not start until after he has served his 10 years in prison.
The case stems from a crash on East Pierceton Road in the area of CR 600E on Aug. 4, 2019.
Chupp was driving a 1997 Pontiac Firebird east on Pierceton Road in a no-passing zone and passed a vehicle in front of him at a high rate of speed, crossing the double yellow line.
As Chupp did that, he hit Edward Frost, who was driving west on the road and driving a 2008 Harley-Davidson motorcycle.
Chupp didn’t stop for nearly five miles after the crash and only after his vehicle sustained a flat tire.
Frost was taken by helicopter to Lutheran Hospital in Fort Wayne and died nine days later from his injuries that included multiple skull fractures and a broken leg. He was 51.
When police caught up with Chupp, he admitted he passed the vehicle in front of him going 135 mph and that when he struck the motorcycle he was probably going about 120-125 mph, according to court papers. He also admitted he had smoked synthetic marijuana three hours prior to the crash.
At the time of the crash, Chupp was out on pretrial release for felony possession of a legend drug and a misdemeanor charge for operating a vehicle while intoxicated, out on bond for operating a vehicle while intoxicated while endangering a person charge, possession of a controlled substance and possession of paraphernalia and was currently on probation out of Lagrange County for possession of a narcotic drug.
In court Wednesday, Margaret Bergey said Frost was her brother. Through tears, Bergey directed her statement to Chupp.
“Glenn, due to your poor inconsideration my brother is dead. ... You hit him at 125 miles per hour in a no-passing zone. You continued as if you hit a bump in the road and only stopped when you had a flat tire. ... We are completely devastated. My brother was my go-to person. .. I pray you learn and prove and contribute to society in some way. I am trying to work on forgiveness. We stood by his bedside for nine days praying he would come out of it. ... See what you’ve done to your life and others?”
Next, the court heard from Angela Frost, Edward’s widow.
Sobbing, Angela said she laid by Edward’s side for nine days watching him die.
“You’ve done this before,” she said. “You’ve used drugs, you take people lives, you act like it doesn’t matter. When will you stop? ... I hope you can live with yourself. That was my husband, my pride and joy, the man who took care of me since I was 25 years old, and you ripped him away from me like he was a piece of trash. I don’t know if I can ever forgive you. I don’t think I can.”
Chupp’s attorney, J. Seth Tipton, then called Chupp’s sister, Regina Gingerich, to the stand.
“I just want to tell the Frost family that my family is very, very sorry for your loss. It cannot be replaced. It hurts us, too, knowing what happened and we are sorry, and I know that Glenn is sorry, too.”
Gingerich then told a story about how Chupp “wanted to do something to help” the Frost family while he was incarcerated in the Kosciusko County Jail so the Amish community, of which Chupp belonged, held a chicken fundraiser, raising $3,000 and donating it to the Frost family’s GoFundMe page for Edward’s expenses.
Kosciusko County Chief Deputy Prosecuting Attorney Brad Voelz questioned Gingerich’s claims that the family can support Chupp’s recovery efforts, asking what the family did to help Chupp when he was hit with drug charges in 2018 and again in 2019.
“Nothing worked,” Voelz said.
When Chupp spoke, he apologized to the family and asked for forgiveness. He also told the Frosts he prays for them daily and asked them to pray for him while he’s in prison.
“We were both in the wrong, we were both intoxicated,” Chupp said, referencing a report that Edward had been over the alcohol legal limit at the time of the crash.
Voelz shot back at that to both Chupp and Tipton and said not only is that not allowed to be mitigated by law at this hearing but called it downright offensive that they would try to “blame the dead.”
“This occurred when you were traveling high doing 125 miles per hour over the double yellow line?” Voelz asked Chupp.
“There’s no proof I was doing 125,”?Chupp responded.
“Your confession,” Voelz said.
“I don’t remember much about the accident,” Chupp said.
“So you lied?” Voelz asked. “He makes it seem like remorse. ... He comes in and he says the words ‘I’m sorry,’ but there are a few words that give a window into his soul and it’s not remorse, it’s offensive. He calls this an accident. An accident is unpredictable and unavoidable and it’s no one’s fault. That’s how we define an accident. This was predictable and it could have been anyone” who could have died due to Chupp’s actions that day, Voelz said. “We know that from past behavior. He was on probation, out on bond when he committed this act, when he killed Ed. Remorse? He’s committed two crimes including a felony since this happened. Don’t give me remorse.”
Voelz asked Miner to sentence Chupp to the maximum of 10 years and said “I can’t imagine a day less is justice.”
Tipton argued his client didn’t go out that day intending to get in a wreck and kill someone and asked for a 10 year sentence but with only five to six years to be executed.
After Miner handed him the maximum, Miner said, “I think it’s a scary thing just for the public and society in general. It could have been anyone’s loved one out there.”
Chupp’s two years on probation for the Level 6 felony battery on a public safety official sentence comes from an incident on Sept. 16, 2019, in KCJ when Chupp used toilet paper to obstruct the view of the camera in his jail cell.
Jail officers had to tell him three times to remove the toilet paper. Chupp then began to kick his cell door and was asked to stop. When a jail officer opened the door, Chupp punched the officer in the face. Officers were able to restrain Chupp after that, but Chupp then got an arm free and punched the officer in the face again with a closed fist.
