WARSAW — A Bourbon man has been charged for operating a vehicle while intoxicated causing death with a schedule I or II controlled substance, or its metabolite, in the blood, a level 5 felony.
Justin Ray Gladieux, 19, 8262 Chestnut Road, Bourbon, was booked in the Elkhart County Detention Facility on Tuesday, Feb. 23.
According to an affidavit of probable cause, On May 15, 2015, officers with the Elkhart County Sheriff’s Department were called to the scene of a vehicular accident at the intersection of US 6 and CR 23, just south of New Paris. When the officers arrived they reported a United Parcel Service semi-trailer, driven by Justin Frank, 29, Edwardsburg, Mich., had “t-boned” a red Saturn.
Officers identified the driver of the Saturn as Gladieux and a passenger in the front seat, Nathaniel McConnell, 24, Etna Green. McConnell was seriously injured in the accident and was flown to South Bend Memorial Hospital where he later died from blunt force trauma to the head.
There is no stop sign for drivers on US 6, but there is one for both directions of travel on CR 23. Frank told officers he was driving his UPS truck eastbound on US 6 when the red Saturn pulled out in front of him. He reported he saw a “red blur” and was unable to stop the truck and hit the front passenger side of the Saturn.
Gladieux told officers the accident was his fault because he didn’t see the UPS truck. He agreed to provide a statement and submit to toxicology testing. Gladieux waived his Miranda rights and explained he stopped at the intersection, but didn’t see the UPS truck and pulled out in front of it.
Elkhart County Sheriff’s Officer Justin Yoder spoke with a witness who stated he observed the Saturn stopped at the stop sign on CR 23 and there was also a dump truck stopped in traffic just past the intersection, which may have momentarily blocked Gladieux’s vision. The witness told Yoder the Saturn did not ease out into the intersection past the dump truck, but “Punched it and pulled right in the direction of the semi and was t-boned.”
Gladieux’s blood was sent to the Indiana Department of Toxicology for testing. According to the toxicology report, dated Nov. 29, 2015, the results from Gladieux’s blood draw revealed he had 15 ng/mL of Delta-9 THC in his blood, which is the active agent in marijuana. Frank also submitted to a blood draw, which came back negative for alcohol and drugs.
Gladieux was held on a $5,000 bond.