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A Warsaw man was found guilty of using a sword to intimidate people at a local business.
Timothy Ray Ruggles, 52, 517 E. Market St., Warsaw, was found guilty of intimidation with a deadly weapon, a level 5 felony; and possession of methamphetamine, a level 6 felony as a lesser included charge of a level 5 felony.
Ruggles was found guilty of both charges in a bench trial in Kosciusko Superior Court III on Thursday.
Following the verdict from Kosciusko Superior Court III Judge Chad Miner, Ruggles' sentencing was scheduled for 2 p.m. Sept. 23.
Affidavit of
Probable Cause
On June 21, Warsaw and Winona Lake Police officers responded to a report of a man wielding a sword in a Dollar General parking lot on Warren Street.
Officers spoke with a witness, who said Ruggles approached the business while holding a large sword in his hand. According to court documents, the witness said Ruggles walked around the parking lot with the sword, yelling at vehicles that entered the lot. At one point, Ruggles said, "Does my sword scare you?"
While being booked at the Kosciusko County Jail, officers found meth in Ruggles' backpack.
Trial Proceedings
The state's case was presented by Deputy Prosecutor Dan Hampton. Defense attorneys Brian Pyle and Rama Sobhani represented Ruggles.
In his opening statement, Hampton recalled the case's facts, telling the court the victim, a Dollar General employee, was in fear for her life through Ruggles' conduct and statements.
When he was arrested, Ruggles told police he was dehydrated and medical personnel were called to the scene, transporting him to a local hospital. However, when law enforcement left the hospital after being informed Ruggles would be treated for a few hours, Ruggles left the hospital on his own.
He was later located in the area of Pike Lake and taken into custody.
Pyle said Ruggles was homeless at the time and needed help since it was a hot summer day. He told the court Ruggles went to Dollar General and asked for a water bottle.
Pyle said Ruggles cooperated with law enforcement during the incident and argued the case consisted of "a lot of confusion" on what to ultimately charge Ruggles with.
"This all boils down to a cry for help and a bottle of water," said Pyle.
The initial 911 call the store employee made was played in court, with the employee reporting a person in possession of a sword. She described the incident as "non-urgent" but that she and others locked themselves inside the store.
The state's first witness was Warsaw Police officer Randall Finney, who was the first responding officer to the incident. Finney testified the initial 911 call was about an individual approaching the Dollar General store with a 2- or 3-foot sword.
When Finney arrived at the scene, he located Ruggles in a parking lot east of the former Penguin Point restaurant on Warren Street. Ruggles walked toward the officer without the sword. At one point, Finney pointed a TASER at Ruggles, but it was not deployed.
Finney's body camera footage of the incident was played in court, with Ruggles stating, "I didn't do anything wrong." After Ruggles was placed in a police vehicle, Finney went into the Dollar General store to speak with witnesses.
The store employee said Ruggles came up to the door while holding a sword. After giving him a water bottle, she locked the store's doors and told customers in the parking lot to stay in their vehicles. The employee said Ruggles was waving the sword around and saying, "God have mercy on your souls."
Officers located Ruggles' belongings in the parking lot near Penguin Point, which included a bicycle, backpack, and a long sword. Finney testified about going to a local hospital with Ruggles, stating the plan was to long-form charges to Ruggles when law enforcement was informed he would be in the hospital for a few hours.
In cross-examination by Sobhani, Finney said Ruggles didn't point the sword at anyone and was not aware of any explicit verbal demands Ruggles made toward anybody at the store. He also testified there were no indications Ruggles would do anything if he was refused water by store employees.
Finney also said Ruggles was not advised of criminal charges being enhanced if he was in possession of any illegal contraband while being taken to KCJ.
Winona Lake Police officer Dave Rapp, who assisted with taking Ruggles into custody, was the state's second witness. Rapp's body camera footage was also played, with Rapp speaking with Ruggles while he sat in a police vehicle. Ruggles told Rapp he was exhausted and dehydrated, with law enforcement requesting an ambulance to the scene to help Ruggles.
The Dollar General employee who saw the incident and called 911 was the state's third witness. She testified about facts mentioned in the affidavit of probable cause and also said Ruggles hit the side of the building with the sword.
"I was terrified of him and for my life," she said.
The employee said she couldn't remember the individual's face very well but recalled the type of clothing he wore.
In cross-examination, the employee said Ruggles was upset because she refused to allow him inside the store with the sword, and that Ruggles said it was legal for him to have it.
She told defense counsel Ruggles told her to call 911 and that he voluntarily put the sword down while he approached customers in the business's parking lot.
Pyle asked the employee if she recalled telling 911 the incident was not urgent. She testified in court that she didn't say that.
Warsaw Police Lt. Wayne Wilkie, who assisted in the investigation, was the fourth witness. He testified Ruggles was arrested under the assumption he committed intimidation with a deadly weapon. After law enforcement took Ruggles to a local hospital, Wilkie said there was a very short period of time between officers leaving the area and Ruggles leaving the hospital of his own accord.
Wilkie found Ruggles near Pike Lake, with body camera footage of Ruggles ultimately being taken into custody played in court.
Ruggles told Wilkie hospital staff said he could leave. He also stated he "had the right to bear arms" in regard to possessing the sword.
Wilkie said he began to notice Ruggles dissociating from his backpack being his property, even though officers found Ruggles' identification inside it.
When he was brought into the jail, Ruggles said the sword wasn't in his hands when he walked toward the store and he was very agitated with police, stating they "brought false charges" against him. He was asked if he was in possession of any drugs or alcohol, and said no.
Both Wilkie and Finney said they didn't find anything of note inside Ruggles' backpack when they searched it prior to bringing Ruggles to the jail.
The state's final witness was Kosciusko County Sheriff's Office Jail officer Dylan Wilkie, who searched Ruggles' backpack during the booking process. After removing multiple clothing items from the bag, Dylan found a bag containing meth.
Following Dylan's testimony, Hampton rested the state's case. After this, defense counsel moved for judgment on facts, arguing the state had not met its burden in finding Ruggles guilty on the charges. Multiple examples of other related cases were presented by both sides, with Miner ultimately denying the motion for judgment.
Defense presented no evidence and rested their case.
