Derek R. Fleckenstein

WARSAW — A Garrett man who fractured a woman’s nasal and orbital bones was sentenced today, May 15, in Kosciusko Circuit Court.

Derek Robert Fleckenstein, 38, 412 S. Walsh St., Garrett, was sentenced on a charge of battery resulting in serious bodily injury, a level 5 felony.

On Sunday, July 24, at approximately 12:14 a.m., an officer responded to a battery complaint.

According to the affidavit of probable cause, when the officer arrived, he spoke with the alleged victim who stated she had retired to her bedroom for the night when she saw her friend Fleckenstein lying in her bed. After she had told Fleckenstein several times to get out of her bed, he became angry and hit her left eye and her forehead with his fist. The victim collapsed on the floor due to the pain.

Fleckenstein fled the house but was located by Warsaw police officers in an alley.

According to the affidavit of probable cause, the victim was transported to Kosciusko Community Hospital to have her swollen eye treated. The hospital advised the victim had fractures to her nasal and orbital bones.

Fleckenstein’s attorney, Jay Rigdon, stated it was a substance abuse issue that caused the altercation, proposing his client serve his time in purposeful incarceration.

At the time of the incident Fleckenstein was on probation for a felony conviction from Feb. 1 in Kosciusko County Circuit Court for resisting law enforcement. Fleckenstein was discharged from that probation unsatisfactorily and given a total of 324 days jail time credit.

Judge Michael Reed accepted a guilty plea and found Fleckenstein guilty of battery resulting in serious bodily injury. Fleckenstein was sentenced to 2 years and 41 days at the Indiana Department of Corrections, receiving two days jail time credit. Judge Reed will be recommending purposeful incarceration.