By Liz Shepherd
WARSAW — A Warsaw woman received a suspended jail sentence for drug possession after officers responded to a report of shots fired in a residence.
Rachel Nicole Banaszek, 32, 1857 S. Woodfield Trail, Warsaw, was charged with possession of methamphetamine and neglect of a dependent, both level 6 felonies; and possession of paraphernalia, a class C misdemeanor. Possession of marijuana and dealing in methamphetamine charges were dismissed as part of a plea agreement.
Banaszek was sentenced in Kosciusko Circuit Court on Monday, April 27.
On Jan. 25, 2019, Warsaw Police went to an apartment regarding shots fired through a ceiling into a bedroom. The shot was reported to come from a second-floor apartment directly above a woman’s apartment. An officer heard the call and had prior knowledge of drug dealing and alleged gun possession by Joseph Michael Miller, Westville, who resided in the apartment where the shots originated.
Officers went to the apartment to investigate and talked with Banaszek, who was in the apartment with her son. According to court documents, Banaszek told officers that her boyfriend, Miller, had left the apartment and she was unaware of where he went.
Miller later returned to the apartment and said he reached for a gun under a couch in his bedroom when he dropped it, causing the gun to fire. While searching the residence, officers found an excessive amount of drug paraphernalia, methamphetamine and marijuana in the residence. Officers also found ledger books containing names and drug information.
“She didn’t know anything about the drug dealing happening or the handgun,” said defense attorney Austin Rovenstine. “But she does accept that she was in possession of drugs.”
Banaszek received a three-year suspended jail sentence. She has 266 days of jail time credit in this case.
Miller was sentenced in this case in June 2019 and received a six-year Indiana Department of Correction sentence.