Joshua J. Kats

WARSAW — Despite the pre-sentence investigation report that Joshua Kats would be a low risk to re-offend, Kosciusko Superior Court I Judge David Cates pointed out several factors that appeared to give him some doubt.

Joshua J. Kats, 24, 1822 Sharon St., Warsaw, was sentenced to concurrent terms (served at the same time) of incarceration, but consecutive (one after the other) with two other Superior Court 1 cases. Through a plea agreement, Kats was sentenced to 10 years, with two years suspended on the charge of sexual misconduct with a minor, a level 4 felony; and four years, with two years suspended, on the charge of child solicitation. He must also register as a sex offender. A second charge of sexual misconduct with a minor was dismissed.

These sentences will be served following the suspended one-year sentence on a theft charge, a class D felony and two years, on aiding a burglary charge, a class C felony. He was sentenced on those charges July 24, 2014.

Kats was charged with sexual misconduct with a minor and child solicitation on April 7, 2014, prior to his conviction on the theft and aiding a burglary charge.

Cates noted Kats’s two prior felonies he was out on bond for when these charges were filed. He also noted Kats did not take his previous convictions seriously as he did not pay his court fines and costs in a timely manner or pay restitution as ordered by the courts. “It seems you didn’t take it seriously. I take this very seriously. You have a 5-year-old daughter. My prayer is no one treats your daughter as you treated the victim here,” said Cates.

Prior to sentencing, John Barrett, attorney for Kats, pointed out a few mitigating circumstances noted in the pre-sentence investigation report. One of those factors was the fact Kats has a 5-year-old daughter, whom he pays support for, and has a close relationship. The hardship to the child of not being in contact with her father and the lack of child support was stated. However, Cates pointed out Kats’s $2,500 delinquency in child support.

Barrett also pointed out that it is hard today to discern the age of teenagers, as you can look at somebody and it is hard to tell the difference between someone 14 and someone 16 years of age. Barrett admitted  that it was his client’s “business to figure this out and not assume if they are physically mature they are of age.”

Kats read a pre-written statement to the court, noting he has had time to think of his poor decision. He stated, “(This decision has) brought me to this point in my life. At the time the situation happened, I was not thinking at all.” He apologized for the damage caused to the victim. He noted his actions not only affected his life, but that of his victim and his own daughter’s, and he was sorry, not for himself but those he affected. He told the court he felt he could be “a productive citizen.”

The Case

Court documents state on March 19, school counselors contacted police regarding a sexual relationship involving a female students and Kats. The victim stated she and Kats began having sex during spring break 2014, at his residence on Columbia Street. The victim stated they had sexual intercourse at least 13 times during a two-week time period. She also stated she told Kats her age before the sexual relations began.

It was also noted that Kats wanted the victim to have a three-way sexual relationship with his girlfriend, Brooke Espinoza. Text messages and Facebook messages between the two were conducted. Espinoza has been charged with sexual misconduct with a minor and child solicitation.

Related: Female Arrested For Sexual Misconduct, Child Solicitation