Staff Report

WARSAW — A Claypool man was sentenced in Kosciusko County Superior Court 1 Monday, March 8, on charges stemming from a battery incident that occurred just over a year ago.

Joe L. Rose Jr.

Joe Lewis Rose, Jr., 55, 105 E. Section St., Claypool, pleaded guilty to domestic battery, a level 5 felony; and possession of methamphetamine, a level 6 felony. 

On March 1, 2020, the Kosciusko County Sheriff’s Office responded to a report of a shooting at a residence. Upon arriving at the scene, officers received consent to search the residence from the homeowner, who was being treated in the back of an ambulance.

According to court documents, officers found a silver .38 caliber Taurus revolver inside the residence as well as bloodied clothes and pillows. Officers also found two glass smoking pipes and a green plastic bottle cap that all tested positive for methamphetamine. The drug paraphernalia was found in a bedroom belonging to Rose.

One of the officers interviewed the homeowner, who said he was watching television when Rose demanded to know if he was adopted. According to the elderly homeowner, each time he responded “no,” Rose punched him. 

InkFreeNews does not identify victims.

The homeowner said Rose grabbed him by the throat and began choking him. Rose allegedly struck the man in the head and kicked him. At one point, Rose grabbed the man by the throat and said, “Tell me the truth or I’m going to kill you.”

Later that evening, after the homeowner had gone to his bedroom, Rose entered the room, got on top of him, grabbed a pillow and started to smother the man. Rose eventually stopped and allowed the man to leave the bedroom and return to the living room. Rose then confronted the man again and told him he was going to kill him. At that time, the homeowner got a gun from the side pocket of his chair and fired the gun at Rose.

On March 5, Rose was interviewed about the incident. Rose said he confronted the man about being adopted and admitted to hitting him, saying that he was “trying to beat the truth out of him.” Rose also admitted to attempting to smother the man with a pillow and threatening to kill him. Rose admitted that the methamphetamine and pipes found in the residence belonged to him and that he smoked methamphetamine a couple of days prior to the incident.

The homeowner was taken to Kosciusko Community Hospital. He sustained severe bruising to his face. His ear was severely bruised and bleeding. The man also had a swollen and bruised foot, bruised ribs and cuts on his arms.

“This is a heartbreaking case,” Rose’s attorney, Austin Rovenstine, told Judge Karen Springer. 

For the battery charge, Rose was sentenced to three years. For the possession charge, Rose received a one-year sentence, suspended and ordered to be served on formal probation. His probation requirements will include mental health counseling and substance abuse counseling. 

The sentence will be served consecutive to any sentence imposed in other pending cases. 

He was given 368 days of jail time credit. It is anticipated that Rose will serve the remainder of his sentence at the Kosciusko County Jail. 

The judge stated she would make a note that the court recommends Rose for the Jail Chemical Addiction Program. 

A no-contact order is currently in place. Judge Springer said she feels the order is appropriate and should remain in effect.