Staff Report

Javier Garza

LEESBURG — A Warsaw man was recently arrested for driving under the influence and causing a vehicle accident, resulting in one person being flown to a local hospital.

Javier Garza, 26, 340 E. Levi Lee Road No. 111, Warsaw, is charged with two counts of causing serious bodily injury while operating a vehicle, both level 5 felonies.

On May 14, Kosciusko County Sheriff’s officers responded to a serious personal injury crash at the intersection of Armstrong Road and CR 200E, near Leesburg. It was discovered that a northbound silver Chrysler, operated by Garza, had stopped at the stop sign on CR 200E at Armstrong Road.

Garza then proceeded through the intersection, hitting a westbound silver Chevrolet, operated by Spencer Shilling. Garza told officers that he stopped at the intersection’s stop sign and didn’t see any traffic coming, so he continued north through the intersection.

According to court documents, deputies noticed Garza had red, bloodshot eyes and an odor of marijuana coming from his person. Garza admitted to smoking a marijuana blunt earlier in the day before the accident. He was taken to Kosciusko Community Hospital by ambulance for treatment of his injuries.

Shilling told officers that Garza’s vehicle was stopped at the stop sign on CR 200E and then proceeded into his path of travel. Shilling was taken by ambulance for treatment of his injuries.

Garza agreed to submit to a certified chemical test for intoxication. The result of the test determined Garza had cocaine and marijuana in his system at the time of the accident.

Shilling said he suffered a fractured knee as a result of the accident. He had to have reconstructive surgery to repair the knee, which resulted in his leg being immobilized for a long duration. Shilling was scheduled for a second surgery on Oct. 6 to remove the medical equipment initially implanted to repair his knee. As of Oct. 14, Shilling has reported to officers that he is still recovering from the injury he sustained in the May 14 accident.

Officers then spoke with James Mudd, who was a passenger in Garza’s vehicle at the time of the accident. Mudd sustained pelvic and rib injuries was flown to a Fort Wayne hospital for treatment. He told officers he was treated in the hospital for his injuries for four days and is in long-term recovery from the injuries. As of Oct. 14, Mudd has reported that he is still recovering and experiencing pain from the injuries.

Garza was uninsured during the May 14 accident. His Indiana BMV record shows Garza had prior uninsured accidents on Nov. 13, 2015; and Aug. 4, 2018.

Garza was booked in the Kosciusko County Jail on Oct. 28, with a $10,250 surety and cash bond.

Garza has been arrested on two counts of causing serious bodily injury while operating a vehicle. A chemical test showed Garza had cocaine and marijuana in his system at the time of the crash. InkFreeNews photo by Deb Patterson.