Trial Begins for Man Accused of Cocaine Possession, Intimidation
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Craig Brosman-
Of the four witnesses the State of Indiana had speak during day one of the Ivan Gonzalez trial, none were more important than a Kosciusko County Sheriff’s deputy’s who admitted to omitting threats in a probable cause affidavit.
Gonzalez, 30, 346 N. Jefferson St., Cromwell is charged with possession of cocaine, three counts of intimidation and one count of visiting a common nuisance.
The charges result from a Feb. 26 incident at the home of Baldemar Robles and Ruby Gonzalez, 5290 N. Ind. 15, Leesburg.
According to the probable cause affidavit, KCSD and Drug Task Force officers found 12 pounds of marijuana and a CD case with a razor blade and cocaine on it in the garage.
Officers found nine children in the home and called Child Protective Services.
While officers were detaining Gonzalez, officers allege that Gonzalez made life-threatening comments towards them.
Chief Deputy Prosecutor R. Steven Hearn called a KCSD deputy with active knowledge of the incident on Feb. 26 to the stand.
Hearn asked the deputy what the circumstances were that brought him to the Robles home on Ind. 15.
“We had a call for a threat to a man’s life on Old 15 at 2:30 a.m.,” the deputy said. “The man was later identified as Fernando Lara Cruz. He was shaking so much that he was not making much sense.”
The deputy informed the courtroom that Cruz said he had been shot at and threatened by Gonzalez at a party at Robles’s home on Ind. 15, less than a mile away from the home in which he was found by the deputy.
“Mr. Cruz said that he was told by Gonzalez that they would make a piñata out of him,” the deputy said. “I got Mr. Cruz out of the area.”
The deputy then went to the Robles home to investigate the threats to Cruz. Upon arrival the deputy saw individuals moving between a garage and the driveway.
The garage door was open and the deputy could see inside.
“I talked to Baldo and asked him if we could go inside. He said yes,” the deputy said. “We walked into the garage and to the left of the door I saw a CD case with cuts in it, a razor blade on top and a white crystal like powder. I had a test kit for narcotics in my vehicle and I had someone go get me one so I could test the substance. It tested positive for cocaine.”
“I asked Baldo if we could search the home and he declined,” the deputy said. “At that point I informed him that I would be requesting a search warrant for the home.”
The deputy returned later that morning with a search warrant and executed the warrant on the home.
“I came into contact with Ivan Gonzalez in the garage,” the deputy said. “He was sitting in a chair with a hoody on and the hood up motionless. All of the sudden he stood up. He seemed agitated that we (the police) were (there).”
The deputy also testified that there was cocaine found within 10 feet of where he encountered Gonzalez.
Further testimony informed those in the courtroom that when police were escorting individuals out of the home, the deputy had to prevent Gonzalez from leaving the scene. Then the deputy said that he squared off with Gonzalez outside the home.
“He told me he knew where I lived… I took that as a threat,” the deputy said. “He also told me that you have dealt with the wrong people and you are on the list.”
The deputy later went on to say that they found 10 – 12 pounds of marijuana in a car in the garage. He also said he found digital scales that are used for buying and selling drugs.
Upon cross examination attorney David Kolbe asked the deputy if he frisked Gonzalez, drug tested him or checked his nostrils for cocaine. The deputy told Kolbe that he did not. He also informed Kolbe that he had not smelled any alcohol on Gonzalez.
Kolbe then went on to ask the deputy why he did not put any reference of the threats into the probable cause affidavit. The deputy thought he had put that information in the probable cause affidavit.
“I stand corrected,” the deputy said. “It was a misstep on my part.”
At that point both sides were finished questioning the witness and the court recessed until 8:45 a.m. this morning.
