Woman Who Police Say Attacked People With SUV Receives Sentence
WARSAW — A Warsaw woman was sentenced to two and a half years in county jail for driving her vehicle into a garage, striking three people in the process. Because the woman’s intent was ambiguous, she could likely serve her sentence outside of a jail cell.
Billie Jo Frantz, 34, 413 S. High St., Warsaw, was initially charged with two counts of battery by means of a deadly weapon, a level 5 felony; leaving the scene of an accident with serious bodily injury, a level 6 felony; aggravated battery, a level 3 felony; and criminal recklessness, a level six felony.
On May 31, Frantz pleaded guilty to leaving the scene of an accident with serious bodily injury and criminal recklessness. The other charges were dropped in exchange for her guilty plea. She appeared in Kosciusko County Superior Court One for sentencing today, July 5.
Officers with the Kosciusko County Sheriff’s Department were called to a residence in the county on Sept. 24, 2017, where three people were struck by a vehicle, one seriously.
According to the police report, victims at the scene told officers that Frantz drove a white GMC sport utility vehicle into a driveway, accelerated and drove the vehicle into a garage, striking two women and one man.
One of the women was pinned against a vehicle inside the garage and suffered numerous injuries, including a large cut on her left thigh.
The victims and witnesses at the scene said Frantz said nothing, but backed the vehicle out of the garage and left the scene. She later turned herself in at the sheriff’s department.
According to police, a male at the scene who was not harmed in the incident told officers that Frantz was his ex-girlfriend and that he believed she drove into the garage out of jealousy because he was with another woman.
After her surrender to police, Frantz reportedly told investigators she drove to the residence and into the driveway, but that the brakes failed, causing her vehicle to proceed into the garage.
Frantz’s brother, who drove her in her own vehicle to turn herself in, told police the brakes on her vehicle were working properly. He also reportedly told police that Frantz informed him, prior to the incident, she was going to her ex-boyfriend’s house to have words, and possibly a fight.
At the sentencing hearing, Prosecutor Brad Voelz told the court that the incident had been costly for the victims.
“It seems to me a case where restitution might be an issue,” Voelz said, asking the court for a 30-day period to investigate if Frantz should be liable for certain victim costs.
“It’s a tough case, judge,” continued Voelz. “It [the case] was filed on the strength of aggravated battery. I spoke to two of the victims.”
According to Voelz, one of the victims had described herself as a former best friend to Frantz.
“She said she can’t believe that Billie Jo would do anything intentional to hurt someone,” said Voelz. “Intent in this case is difficult to prove.”
Frantz’s attorney, Eldon Stoops agreed with the prosecution. “It was a reckless act, but not an intentional act,” he said.
‘I am very sorry for anyone I hurt,” said Frantz.
Superior Court One Judge David Cates told Frantz that while it may be hard to prove whether she drove her vehicle into the garage on purpose, there was nothing ambiguous about her failing to stick around after the incident.
“There may not be an issue regarding intent in terms of criminal recklessness,” said Cates. “But there is no question of intent regarding leaving the scene.”
Cates sentenced Frantz to one year in the Kosciusko County Jail for leaving the scene. He added one and one half years for the criminal recklessness charge, but suspended that sentence in lieu of probation.
For the one-year sentence, Cates told Frantz she could have one week to apply for either work release or community corrections as options to her one-year sentence. If she qualifies, Cates told Frantz he would allow her to serve that sentence in one of those programs instead of behind bars. She was given three days jail time credit.