Francisco J. Gonzalez

Francisco Gonzalez was back in court today to learn his punishment for violating the terms of his plea agreement that were settled the day before he allegedly drove drunk and caused another accident.

Gonzalez, 25, was sentenced last Thursday to 18 months – a period which he would have served on work release – for an October 2012 drunk driving incident that killed a horse that was pulling a wagon of Amish teenagers. On Friday night, Gonzalez ran a stop sign on CR 300 North at CR 100 East in Warsaw causing a serious accident. (See related)

Kosciusko County Superior Court III Judge Sutton gave Gonzalez until 6 p.m. Sunday, Nov. 10, to get his affairs in order and report to the jail to begin serving his sentence. Because of the Friday night accident and his injuries, he was not admitted to the local jail. But today, with his left arm in a sling and wearing a neck brace, Gonzalez learned he would instead be going to the Indiana Department of Corrections for what could be 3 years.

Gonzalez sustained serious neck injuries in the crash, in which he is suspected of driving while intoxicated. Prosecution attorney Christanne Hampton of the Kosciusko County Prosecutor’s Office, said additional charges will be filed but declined to indicate what those could include.

Today’s hearing was set after the state filed a motion to revoke the suspended sentence that was handed down last week. Gonzalez was sentenced for the crimes of D felony OWI endangerment, D felony criminal recklessness and Class A misdemeanor failing to stop after an accident.

The initial sentence included 365 days at the county jail, with all but 185 days suspended to be served on probation, for the misdemeanor charge. He also received 365 days with 185 of them suspended on the OWI endangerment charge and 3 years imprisonment, with 2 years suspended, on the criminal recklessness charge.

Today, Judge Sutton modified the sentence to reinstate 3 years imprisonment and ordered Gonzalez to serve that time in a state prison. With good time credit, Gonzalez may serve just 18 months behind bars.

Defense attorney Scott Lennox had no objection to the state’s filing, but noted, “I want to make it clear that in no way is it an admission of guilt to the most recent charges that will be filed.”

Judge Sutton ordered Gonzalez remanded to the custody of the Kosciusko County Jail and to be transported to an IDOC facility as soon as possible. Medical facilities are available in IDOC and Gonzalez is under medical care because of the accident.