By Liz Adkins
InkFreeNews

WARSAW — A Warsaw man will serve 14 years in prison for causing a fatal vehicle accident while driving under the influence, resulting in the death of a Milford man.

Anish Daita, 32, 220 Churchill Downs Drive, Warsaw, was charged with causing death while operating a vehicle while intoxicated, a level 4 felony; and two counts of causing serious bodily injury while operating while intoxicated, both level 5 felonies.

Daita pled guilty to all of the charges and was sentenced on Tuesday, July 8, in Kosciusko Superior Court Three.

At sentencing, multiple supporters for Daita and Joseph “Joey” Criswell, 44, Milford, were in attendance, nearly filling all the courtroom seats. Criswell was killed in a vehicle accident when his SUV was hit by Daita’s Tesla in June 2024.

For causing death when operating a vehicle while intoxicated, Kosciusko Superior Court Three Judge Chad Miner sentenced Daita to 10 years in the Indiana Department of Correction, with eight years executed and two years suspended on probation.

Daita also received a five-year DOC sentence for each of the Level 5 felonies, with three years to be executed and two years on probation for each charge.

All three of Daita’s charges will be served back-to-back.

In total, Daita received a 20-year sentence, with 14 years executed in DOC and six years suspended on probation. His driver’s license was also suspended for 10 years retroactive to July 20, 2024.

Deputy Prosecutor Dan Hampton requested an additional 60 days to file an affidavit of restitution. The court also noted Daita would be deported to India upon conclusion of his sentence.

Victim Impact Statements

At sentencing, Hampton read multiple victim impact statements from Criswell’s family members. Those in attendance on behalf of Criswell wore black T-shirts with “Psalm 23” written on them.

Deborah Criswell, Joey’s mother, said she would never heal from losing her son and that “it feels like I’ll never get over it, the pain I feel.”

“This past year has been hell … I will spend the rest of my life grieving for my son … I feel like I’m in prison for the rest of my life,” said Deborah. “My final memory of my son is in a body bag.”

Daniel Cervantes, Joey’s cousin, said Joey was bringing his family to church the day of the accident.

“Nothing could have prepared me for the news,” said Cervantes. “I was in constant fear of the kids (injured in the accident) not making it. All I think of is no longer having a cousin who overcame obstacles and enjoyed life. The happy memories are constant reminders he’s no longer with us … I’m angry that this person used little to no judgment to get behind the wheel and drink alcohol.”

Rachel Farr, Joey’s aunt, said the day of the accident was “the worst day of my life.”

“I will not get past this for a long time, if ever,” said Farr. “His children, they’ll never see their father again. (Anish’s) choice to drink and drive brought our family to our knees. (Joey’s) loss damaged three family generations.”

Farr said Joey’s children call Daita the “bad guy.”

“You chose to load your gun and pull the trigger when you got in that driver’s seat,” said Farr. “I can’t forgive you when you took their daddy away. Your fun times killed a man … you get to live. Joey’s dead and you live.”

Margarita Criswell, Joey’s sister, said she was not upset or vengeful toward Daita, asking him to find God and accept Jesus. In her statement, she said Criswell struggled with alcoholism and overcame that, becoming closer to Christ in the process.

“I guarantee you that if you accept Jesus, Joey would be the first one to greet you at the pearly gates and shake your hand,” said Margarita. “I’m happy he’s with Jesus but selfishly, I’d rather have him here.”

Tony Criswell, Joey’s twin brother, said he didn’t know how to explain the feeling of losing a twin.

“Half of me is gone and dead, half of my soul is gone,” said Tony. “But all I can think about today is forgiveness.”

Several of Joey’s family members also lamented the big life moments his children would not get to experience with their father.

In Support Of Daita

Several of Daita’s family members and close friends also testified, with many describing Daita as kind, gentle, and good-hearted. Each one also apologized to the Criswell family for Daita’s actions and the loss of Joey.

Sai Krishna, Daita’s friend, said he and Daita went to college and moved to the United States together.

“He is loved by all of us,” said Krishna. “We all carry this weight, but Anish most of all. He is truly and deeply sorry for the loss and we will continue to keep the family in our prayers.”

Ritesh Chinthan, a longtime friend of Daita’s, described Daita as a “gentle, caring person, someone who always thinks before he acts.”

“I’ve laughed with him, leaned on him and loved him like family,” said Chinthan. “He’s broken in a way I’ve never seen. I see him falling apart and know he would do anything to take it back. He hasn’t run away … he owns it and carries it with him. He made a terrible mistake; he’s not a terrible man.”

Asha Shaik, Daita’s wife, described the accident’s impact on Daita’s well-being. She said it deeply impacted them starting a family together.

“This pain consumes him every day,” said Shaik. “He’s spent a lot of days in sadness. I’ve been there through all the sleepless nights, the breakdowns. Every small thing reminds him of the pain he caused. It breaks me to see both families hurting.”

Shaik also noted Daita was the one who taught her to drive and recalled how he told her to always focus on safety.

Daita’s parents also apologized in court to the Criswell family for what occurred.

Attorney Statements

In his statement to the court, Hampton focused on several facts listed in the affidavit of probable cause for Daita’s case.

“One witness said the car ‘blew around them’ and became airborne, going two to three feet in the air,” said Hampton. “Another witness saw the Tesla fly past him and at one point, all four tires went off the ground.”

He also noted the ages of the four children who were injured in the accident, with the oldest being 14 at the time and the youngest being six.

Hampton requested a maximum of 14 years in prison for Daita.

Defense Attorney Paul Stanko said there were “no winners” in this case and asked the court to take several mitigating factors into consideration. He noted Daita never contemplated taking the case to trial and had no prior criminal history.

Stanko also said Daita requested multiple times to meet with the Criswell family and apologize, but was told not to do so because of ongoing litigation.

Following the accident, Daita also lost his job and work visa.

Stanko requested the court not impose more than the advisory sentence and to allow for some of the time to be served on probation.

Daita’s Statement

Daita also gave a statement in court, directly turning toward Criswell’s family throughout most of it to apologize for what happened.

“From the day this happened, I’ve been truly sorry for the mistake I made,” said Daita. “I know saying I’m sorry won’t change anything, but this apology is from the deepest of my heart. This is something I carry with me each and every day. It’s a wound in my soul that won’t heal. I only ask that you know the deep regret I have for what I’ve done.”

Daita noted it was especially difficult for him to come to terms with the injuries he caused to Criswell’s children.

“I wish I could go back and change what happened that day,” said Daita. “If you’re mad at me, if you hate me, I accept that. I’ve forgotten how to smile, and I hardly eat. This pain is very hard to put into words and I’m truly sorry for what happened.”

“This is a sad day for everybody here,” said Miner at the conclusion of all parties’ statements. “And sadly, nothing done today can bring Joey back. But for something of this magnitude, there are consequences. To my mind, this is an intentional choice when you drank and got behind the wheel.”

Affidavit Of Probable Cause

On June 29, 2024, the Kosciusko County Sheriff’s Office responded to a vehicle accident on North CR 150W, west of Warsaw.

Upon arrival, deputies saw a black Tesla passenger car with heavy front-end damage in a ditch on the west side of the roadway. Deputies also saw a black Chevrolet Tahoe SUV off the roadway with heavy front-end and driver’s side damage.

Joey, the Tahoe’s driver, was pronounced dead at the scene.

According to court documents, deputies noticed Daita, the Tesla’s driver, exhibiting physical signs of intoxication. They administered field sobriety tests to Daita, who failed all the tests he was given. A portable breath test result from Daita showed 0.11 grams of alcohol per 210 liters of breath.

Daita told deputies he was coming from a friend’s house and consumed one alcoholic beverage about three to four hours before the accident. He also said his vehicle was on auto-pilot when he lost control of his Tesla and hit the Tahoe head-on.

A witness said she was traveling north on North CR 150W when she saw the Tesa hit a hump in the roadway and go airborne. She estimated the vehicle went about two to three feet in the air and fish-tailed when it landed, traveling across the center line and hitting the Tahoe head-on.

A second witness said he was traveling west on West CR 300N and saw the Tesla traveling at a high rate of speed. He also said the Tesla hit a hump in the roadway and became airborne.

Multiple children in the Tahoe were injured as a result of the accident. One child was taken to Riley Children’s Hospital in Indianapolis and another was admitted to a hospital in Fort Wayne for observation. Two additional children in Daita’s vehicle sustained non life-threatening injuries.