Winiavski Sentenced On Charges Stemming From Gang Fight
WARSAW — Frankie Vernon Winiavski Jr., 5205 E. Pierceton Road, Pierceton, was sentenced Thursday, June 22, for charges stemming from a gang fight that occurred at Mcdonald’s last December.
Winiavski was sentenced on charges of criminal gang activity, a level 6 felony, and battery resulting in bodily injury, a class A misdemeanor.
During the sentencing, Winiavski’s attorney Dana Leon requested Winiavski not have to serve time incarcerated due to his girlfriend’s inability to work because of medical issues. Leon noted incarceration would cause the couple “undue hardship.”
Winiavski stated, “I know the choices I made were not right….I apologize.”
Judge David Cates sentenced Winiavski to half a year in the work release program, pending his acceptance into the program and one and one half years of probation.
Winiavski charges stem from a gang fight with two others that occurred at Mcdonald’s last December.
According to court documents, when officers with the Warsaw Police Department arrived to the scene of a reported battery, they located Johnathan Pappas standing at the front of the counter with a red bandanna tied around his neck and a red shirt on. Winiavski, was standing beside Pappas with no shirt on and a red bandanna tied around his neck in a similar fashion. Winiavski was bleeding from his left eye and forehead.
When officers requested Pappas to place his hands behind his back, Pappas positioned himself in a confrontational manner and resisted law enforcement. Officers were able to safely handcuff him.
A McDonald’s employee pointed out a boxcutter that was lying on the ground and advised it had been used in a physical altercation. The employee also identified the other man involved in the fight, Coulter Slone.
Slone told officers that he had been jumped by Winiavski and Pappas. According to the affidavit, the men were yelling they were “blood” gang members. Winiavski then “swung” at him and Slone pulled a knife out, punched him and went to slice Winiavski.
Slone was unsure if he actually cut Winiavski. He then got on top of Winiavski and started to hit him. At that point, Pappas kicked him in the face.
Officers then spoke with Winiavski and observed a bleeding cut to his forehead and another near his left eye. Winiavski told officers that Slone initiated contact with a box cutter and he had fought back.
Winiavski told officers that he has been involved in the bloods gang for the last two to three years and was allowed to recruit other members for the blood gang. He admitted that he and other area residents are part of a “rolling 20s blood set” and are responsible for the rolling 20s graffiti in Warsaw.
Also per the plea agreement, Winiavski is not to set foot on McDonald’s property and he is to have no contact with Slone or Pappas.