Austin James Howard-Smith

Initially arrested for burglary resulting in bodily injury, armed robbery and theft, Austin J. Howard-Smith was sentenced today in Superior Court I.

On Sunday, Oct. 20, Maximo Pedro Ybarra, 32, of 1010 S. Haug St., Syracuse, was arrested for burglary/breaking and entering resulting in bodily injury to a victim along with his accomplices, Zachary Dale Howard-Smith, 23, of 506 Turtle Bay Dr. Lot 88, Syracuse, and Austin James Howard-Smith, 19, of 306 S. Buffalo St., North Manchester who were arrested and preliminarily charged for burglary/breaking and entering while armed with a deadly weapon.

According to the probable cause affidavit, two victims, one male and one female, were sitting on their couch when Ybarra and Smith broke down the door of the residence and entered, demanding the victims get down on the floor.

From there, Ybarra, who was armed with a rifle, struck the male victim in the face, causing injury to his nose. Zachary Howard-Smith held down the male subject while Ybarra carried out the man’s television, a purse and two iPhones. Austin Howard-Smith stayed in the van, which belonged to his mother.

Although items were stolen from the apartment, Officer Smythe said all but one item, a cell phone, were recovered from the van.

Both Zachary and Austin Smith were held on $10,000 surety bonds in the Kosciusko County Jail. Ybarra was held on a $100,000 surety bond in the Kosciusko County Jail on a Class A felony burglary charge, Class B felony robbery with a deadly weapon charge and a Class D felony theft charge.

Though Howard-Smith’s attorney, Andrew Grossnickle, requested that his client be able to serve his time on probation, citing his good behavior, involvement in jail church groups and effort to procure a GED, Superior Court I Judge Duane Huffer sentenced Austin Howard-Smith to 2 years in the Kosciusko County Jail receiving credit for jail time served of 245 actual days.

“You are not getting probation, I put you on it once before and I told you what you need to do and didn’t do it,” stated Huffer to Howard-Smith. “You are getting a really good deal and it is your last good deal. Because from now on you are looking at IDOC (Indiana Department of Corrections) so you better start thinking, because you are not thinking Mr. Smith. You just better keep your nose clean, that is all I can tell you.”

Howard-Smith was found guilty of the crime of aiding robbery, a Class C felony and, pursuant to the plea agreement agreed upon by the court on May 19, any remaining counts against Austin Howard-Smith have been dismissed.