WARSAW — Joshua Auer, 622 E. Fort Wayne St., Warsaw, was sentenced today, Jan. 11, in Kosciusko Superior Court I on charges of residential entry, a level 6 felony, and invasion of privacy, a class A misdemeanor.
According to the affidavit of probable cause, Auer received a no-contact order with a victim last year after he had been arrested for domestic battery and residential entry.
On July 19, an officer received a phone call from a male who stated Auer was attempting to gain entrance into a home. The owner of the residence had issued the no-contact order against Auer in 2016. According to the affidavit of probable cause, Auer had been beating on the back door and knocking on the windows of the victim’s home. Auer then stuck his head through the window.
The victim and a small child had been reportedly screaming inside the residence. Auer left the residence after he was approached by a witness.
Auer’s attorney C. Austin Rovenstine called Hoss Smith, residential manager of Serenity House, as a witness to testify on behalf of Auer. Smith stated that Auer was doing well at Serenity House regarding his addiction issues and that he would be welcomed back.
Rovenstine submitted evidence within the pre-sentence investigation in the form of text messages showing that a romantic relationship between Auer and the victim had been occurring prior to the incident. Rovenstine made it clear that the victim was not at fault and the relationship was still illegal, but that Auer was not “terrorizing” the victim and the relationship was mutual. Auer was wanting to be a good father to his son that he has with the victim.
Chief Deputy Prosecuting Attorney Brad Voelz made it clear that despite Auer’s family support, “[Auer’s] support system did not keep him from committing crime.” With four felonies and numerous violated court orders, the state felt Auer had not “gotten the message.”
Talking to Auer, Judge David Cates stated that it was “commendable” that Auer wanted to be a good father, but further stated that the actions taken were the “opposite” of that goal.
For each charge Auer was sentenced to one year at the Kosciusko County Jail, with the sentences served consecutively. Judge Cates reiterated that Auer is to have no contact with the victim.
The sentences will be served after any sentence left to be served on a probation violation.