Fort Wayne, Indiana – The former Allen County prosecutor is considering new charges in the case involving six men accused of a violent beating.
The incident occurred in late May at Pike’s Pub in Waynedale.
Karen Richards, a former Allen County prosecutor, says she understands the public’s frustration with the delay in filing charges.
She does, however, believe that the prosecution’s current handling of the case suggests that they are serious about holding these men accountable.
“Waiting a little bit although it frustrates the public, really is the way that it should be,” according to Richards.
Richards says she understood the initial public outcry after the violent attack went viral.
She says it’s a good thing charges weren’t filed right away.
“Having there be sometime between a crime and the charge is really a good thing because that tells you that the prosecutors involved are thinking about this,” Richards says.
Police say six men, 58-year-old Vard Warnock, 35-year-old Justin L. Wert, 66-year-old Douglas Zuber, 44-year-old Ryan Minick, 52-year-old Jerrad Impton, and 42-year-old Christopher Yoho, were seen beating James Simmons, a black man, and using racial slurs.
The men were charged with felony battery and misdemeanor criminal recklessness approximately two weeks after the crime, but new charges and enhancements are now being considered.
The prosecutor moved to add criminal organization activity charges and filed a notice of intent to pursue a criminal gang enhancement.
“It allows you to increase a person’s sentence if they are found guilty of a crime that is beyond the sentencing range. And it actually allows the person to be sentenced twice what the sentencing guidelines are,” Richards explains.
If a judge approves the motion to add the new charge and enhancement, each of the men could face more than ten years in prison if convicted.
“This says to me that they’re serious about increasing the amount of time of sentence that they can get for these individuals if they can convict them,” according to Richards.
But many of you have asked why there are no hate crime charges against these men.
“There is no hate crime law in Indiana. You cannot charge someone with a hate crime. You can only charge the underlying crime and then request that, if convicted, their sentence be increased to the maximum allowable for that crime,” says Richards.
