Staff Report

WARSAW — A Warsaw man was sentenced Thursday, Feb. 15, on charges related to battering a law enforcement  officer in July of 2022 and taking his Taser.

Mario C. Cortes, 21, 94 E. Levi Lee Road Lot 2, Warsaw, pleaded guilty to disarming a law enforcement officer, a level 5 felony; battery to a public safety official, a level 6 felony; battery by bodily waste, a level 6 felony; and resisting law enforcement, a class A misdemeanor.

For the charge of disarming a law enforcement officer, Superior 1 Court Judge Karin McGrath sentenced Cortes to two years at the Kosciusko County Jail, with one year of the sentence suspended. 

Mario Cortes

McGrath sentenced Cortes to two years in the Kosciusko County Jail for battery to a public safety official and two years at KCJ for battery by bodily waste.

For the charge of resisting law enforcement, Cortes was sentenced to one year at the county jail. 

The sentences for disarming a law enforcement officer, battery to a public safety official and resisting law enforcement were ordered to be served concurrently. The sentence for battery by bodily waste will be served consecutively to the sentences for the other three charges. 

In total, Cortes was sentenced to four years at the county jail with three years executed and one year to be served on probation. 

McGrath said she was not opposed to Cortes serving the sentence through Community Corrections, if he is approved. He was ordered to engage in mental health services and to write apology letters to the officers involved in the altercation.

On July 26, a Warsaw Police officer went to Parkview Hospital regarding a report of an erratic patient.

Upon arrival at the scene, the Warsaw officer was informed that a Parkview Hospital officer was involved in a physical altercation with the patient, identified as Cortes. According to court documents, Cortes was actively attempting to resist the Parkview officer.

Additional officers arrived on scene and were able to forcibly place Cortes in handcuffs. Cortes continued to resist while hospital staff prepared arm and leg restraints on a patient bed.

Cortes was then restrained in the bed. A Warsaw officer attempted to speak with Cortes, who spit in the officer’s face.

The Parkview officer told Warsaw police he heard yelling coming from Cortes’ room and went to investigate. He saw Cortes stripping out of his clothing while yelling at a woman.

Cortes allegedly charged at the officer while trying to leave the room. The officer eventually took Cortes to the ground in an attempt to gain control of him. During the struggle, Cortes retrieved the officer’s Taser, which the officer knocked away from Cortes.

The officer said Cortes attempted to take his firearm from him twice. As a result of the altercation, the Parkview officer sustained a laceration to his left elbow, which required stitches.

Two witnesses said they saw Cortes reach for the Parkview officer’s Taser and firearm.