KOSCIUSKO — An Akron man was sentenced in Kosciusko Circuit Court today, March 11, after officers responded to a drug overdose that also resulted in the discovery of inappropriate images involving children on a phone.
Andrew James Mitterling, 27, 8719 W. CR 1250S, Akron, was charged with possession of methamphetamine, possession of a narcotic drug and possession of child pornography, all level 6 felonies.
On March 23, 2018, officers with the Kosciusko County Sheriff’s Office responded to a drug overdose in Akron. Upon arrival, EMTs were treating Mitterling in the bathroom of a residence. In the bathroom, officers discovered a plastic bag containing methamphetamine and a plastic bag containing heroin.
According to the affidavit of probable cause, Mitterling told officers he had been using drugs for around two weeks before he overdosed. Officers confiscated Mitterling’s cellular phone as evidence and obtained consent to search the phone.
While searching the phone, officers discovered multiple inappropriate photographs. The photographs included images of sexual misconduct by children who appeared to be younger than 18 years old, as well as images of bestiality. Officers also found a type of sexual message about a 9-year-old female on the phone.
“After his overdose, Andrew is very aware of the depth of his drug problem and where it could take him,” said Defense Attorney Doug Lemon. “His conduct in March is an aberration of who he really is and it strongly affected his decision-making. But he has exactly the right kind of family as a support system.”
“I’ve been working very hard to deal with these issues,” said Mitterling. He told Judge Michael Reed that he has been seeking treatment through Phoenix Associates, a counseling center in Fort Wayne.
Reed sentenced Mitterling to one year in the Kosciusko County Jail for each charge. The first two years will be served concurrently, with the last year suspended on formal probation.
Mitterling has been accepted for the Community Corrections program and is required to start the program Friday or serve his sentence in jail. As a requirement of his sentence, Reed recommended that Mitterling continue seeking treatment through Phoenix Associates and attend two self-help sessions per week.