WARSAW — A Cromwell man was sentenced in Kosciusko Superior 1 Court Thursday, April 12, after an October 2017 incident in which he assaulted his girlfriend.
Philip Michael Tinkey, 9622 E. Seneca Lane, Cromwell, was found guilty of domestic battery, a level 6 felony, and aggravated battery, a level 3 felony. He was also found guilty of probation violation.
According to the affidavit of probable cause, on Oct. 25, 2017, a Goshen police officer spoke with a female who was admitted to Goshen Hospital with three broken ribs, two collapsed lungs and numerous contusions to her arms, body and face. The female advised that her boyfriend, Tinkey, punched, kicked and stomped on her, causing her injuries.
The female was transported to Fort Wayne Parkview Hospital due to the severity of her injuries. She advised that Tinkey had battered her in the past as well. The officer found that there was an active no contact order in Kosciusko County Superior 1 Court stating that Tinkey was to have no contact with the female. The no contact order was issued in January 2017.
The officer spoke with Tinkey, who stated he was at the female’s residence when she came into the residence with injuries.
The female attended today’s court sentencing to give a victim impact statement. Deputy Prosecuting Attorney Brad Voelz then said, “Yesterday, as I was preparing my statements, I thought I would lead off by saying that a maximum sentence in a case is reserved for the worst offenders, and I was going to say this gets close, but I didn’t think we were there yet – then this morning I received these letters from Philip Tinkey to the victim.”
Voelz read the letters in court. One letter included instructions for the female to go to the courthouse and say she was coerced into making the statement to the police identifying Tinkey as the one who battered her. In another letter, Tinkey suggested that the female recant her statement and tell police that a female acquaintance had battered her.
“She’s been to prison and has a criminal background,” Tinkey wrote in the letter. “It would be perfect. I know she doesn’t mean more to you than me or my life.”
Tinkey told the victim in another letter that the two of them should get married so that she could not be forced to testify against him.
Judge David Cates addressed Tinkey, stating, “You’ve had opportunities to address your issues. You contacted the victim and asked her to lie, asked her to falsely accuse someone else and asked her to commit crimes to protect you.”
“Mr. Tinkey, I believe that you are sorry,” said Cates. “I believe you’re sorry you were caught.”
Regarding the probation violation, Cates revoked the probation and ordered Tinkey to serve the remaining two years of that sentence at the Indiana Department of Corrections. Tinkey was given 83 days of jail time credit.
For the charge of domestic battery, Cates sentenced Tinkey to two years at IDOC with three days of jail time credit. Cates sentenced Tinkey to twelve years at IDOC for the charge of aggravated battery, with 169 days of jail time credit.
The sentences were ordered to be served consecutively. Tinkey was also ordered to pay court costs, domestic violence fees and restitution and was ordered to have no contact with the victim.
“Mr. Tinkey, no contact means no contact,” said Cates. “Can I be any more clear?”