WARSAW — A Claypool man was sentenced in Kosciusko Superior One Court Thursday, Oct. 25, after kicking a police officer in the neck.
Joshua Brandon Volkert, 33, 2198 W. Union St., Claypool, was charged with battery resulting in bodily injury to a public safety official, a level 5 felony; and battery and criminal mischief, both class B misdemeanors.
On July 16, 2017, an officer with the Syracuse Police Department responded to a report of criminal mischief at Jellystone Campground.
When the officer arrived, he was advised that Volkert was beating on camper walls and damaging property.
According to the affidavit of probable cause, the officer saw Volkert punch a male subject. When the officer approached, Volkert began yelling obscenities and would not obey commands.
While being transported to the Kosciusko County Jail, Volkert repeatedly slammed his head against the patrol vehicle cage the entire way to the jail. Officers at the jail removed Volkert from the vehicle and found a large cut and knot with swelling on the top of his head.
The officer then transported Volkert to Kosciusko Community Hospital for treatment. At the hospital, Volkert had to be restrained and was not cooperative. While Volkert was being treated, he kicked the officer in the neck, causing pain and discomfort.
This incident was committed while Volkert was on probation.
Deputy prosecuting attorney Brad Voelz emphasized the importance of Volkert “getting his substance abuse under control.”
“Every issue here seems to be related to that,” said Voelz. “And everything seems fine until you get stupid high and kick a cop.”
Defense attorney Joseph Sobek said that Volkert recognizes his substance abuse issue.
“He’s getting awfully tired of this and isn’t proud of his behavior,” said Sobek.
Sobek also said that Volkert applied for work release.
“I just want to be done hurting others and I want to be there for my kids,” said Volkert.
For Volkert’s probation violation, Judge David Cates gave Volkert a one year suspended sentence, which he can serve through community corrections or work release if he is approved.
Cates sentenced Volkert to three years in the Kosciusko County Jail for battery to a public safety official, 180 days in the jail for battery, and 180 days in the jail for criminal mischief. These sentences will be served concurrently, but consecutive to the probation violation sentence. Volkert has 35 days of jail time credit.
“I really hope you do make the right choices going forward,” said Cates.