WARSAW — A Warsaw man was sentenced in Kosciusko Superior Three Court Wednesday, Aug. 8, in two separate cases.
Nicholas Jay Silva, 18, 611 N. Park Ave., Warsaw, was charged with domestic battery, a level 6 felony, in the first case. In the second case, Silva was charged with resisting law enforcement, a level 6 felony; and possession of marijuana, a class B misdemeanor.
On Jan. 12, officers with the Warsaw Police Department responded to a report of a fight at a residence. According to the affidavit of probable cause, when officers arrived at the residence, a female said she and Silva started arguing when he saw a message on her phone from a male friend.
Silva took the female’s phone and broke it. After he left the room, the female locked the door, which made Silva angry. He kicked in the door to the room and grabbed the female, placing his hands around her neck.
On June 2, an officer with the Warsaw Police Department observed Silva operating a vehicle. The officer knew Silva had no license and had active warrants, leading the officer to initiate a traffic stop.
Silva accelerated his vehicle and began fleeing from the officer. Silva’s vehicle eventually came to a stop. A minor child was present in Silva’s vehicle during the pursuit. After removing the child from the vehicle, the officer detected the odor of marijuana. Marijuana was located inside the vehicle.
“This is an escalation of behavior,” said Deputy Prosecuting Attorney Christanne Hampton. “He’s young and still has a lot of life lessons to learn.”
Hampton mentioned a separate case Silva is involved in regarding conspiracy to commit trafficking with an inmate.
“This situation really muddies things for the court’s final decision,” said Hampton.
Defense Attorney Joseph Sobek asked the court to provide assistance for Silva’s education and employment.
“Silva is still a young man who is learning about life,” said Sobek. “He recognizes his behavior is wrong and wants to demonstrate that he has learned from these experiences.”
In the first case for domestic battery, Judge Joe Sutton sentenced Silva to a 1 1/2 year sentence. Six months will be executed, with one year being suspended. A no contact order was established for the female.
In the second case for resisting law enforcement, Silva was given a 1 1/2 year sentence. One year of the sentence will be served in the Kosciusko County Jail, with the final six months to be served on probation.
All sentences will be served locally and consecutively. Judge Sutton said he was not against Silva serving part of the sentences through work release.
Sutton also encouraged Silva to pursue his GED during his incarceration to help him find employment and lessen his sentence.
“I just really hope you find a way to make better decisions,” said Sutton.