charging documents in shooting death of alexius tapia

8
State of Indiana ) In the Porter Superior Court ) SS: County of Porter ) Continuous Term, 2014 State of Indiana ) ) v. ) Cause Number: 64DO__-1412-F6-_______ ) NATHANIEL T. SIPE ) 667 E. US HIGHWAY 6 ) WESTVILLE, IN ) DOB: 07/05/1995 ) SSN: REDACTED [#1] ) INFORMATION COUNT I [ATTEMPTED THEFT FELONY Level 6] I.C. 35-43-4-2; I.C. 31-41-5-1 Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C. 35-44-2-1 that the following representation is true: That NATHANIEL T. SIPE did on or about the 12 TH day of December, 2014, in the county of Porter, State of Indiana engage in conduct constituting a substantial step towards the knowing or intentional exertion over the property of Alex Tapia with the intent to deprive him of the value or use of his property contrary to statute and against the peace and dignity of the State of Indiana. __________________________________ T.W. Uzelac Approved by Porter County Prosecutor Brian T. Gensel by: __________________________________ BRIAN T. GENSEL Prosecuting Attorney

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Charging documents in shooting death of Alexius Tapia in Portage, Friday, Dec. 12, 2014.

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  • State of Indiana ) In the Porter Superior Court

    ) SS:

    County of Porter ) Continuous Term, 2014

    State of Indiana )

    )

    v. ) Cause Number: 64DO__-1412-F6-_______

    )

    NATHANIEL T. SIPE )

    667 E. US HIGHWAY 6 )

    WESTVILLE, IN )

    DOB: 07/05/1995 )

    SSN: REDACTED [#1] )

    INFORMATION

    COUNT I

    [ATTEMPTED THEFT FELONY Level 6]

    I.C. 35-43-4-2; I.C. 31-41-5-1

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C.

    35-44-2-1 that the following representation is true: That NATHANIEL T. SIPE did on or

    about the 12TH

    day of December, 2014, in the county of Porter, State of Indiana engage in

    conduct constituting a substantial step towards the knowing or intentional exertion over

    the property of Alex Tapia with the intent to deprive him of the value or use of his

    property contrary to statute and against the peace and dignity of the State of Indiana.

    __________________________________

    T.W. Uzelac

    Approved by Porter County Prosecutor Brian T. Gensel by:

    __________________________________

    BRIAN T. GENSEL

    Prosecuting Attorney

  • State of Indiana ) In the Porter Superior Court

    ) SS:

    County of Porter ) Continuous Term, 2014

    State of Indiana )

    )

    v. ) Cause Number: 64DO__-1412-F6-_______

    )

    KOREY B. IZYNSKI )

    2335 GREENTREE LN. )

    CLARKSVILLE, IN )

    DOB: 02/21/1995 )

    SSN: REDACTED [#1] )

    INFORMATION

    COUNT I

    [ATTEMPTED THEFT FELONY Level 6]

    I.C. 35-43-4-2; I.C. 31-41-5-1

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C. 35-44-2-

    1 that the following representation is true: That KOREY B. IZYNSKI did on or about the

    12TH

    day of December, 2014, in the county of Porter, State of Indiana engage in conduct

    constituting a substantial step towards the knowing or intentional exertion of

    unauthorized control over the property of Alex Tapia with the intent to deprive him of the

    value or use of his property contrary to statute and against the peace and dignity of the

    State of Indiana.

    COUNT II

    [THEFT FELONY Level 6]

    I.C. 35-43-4-2

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C.

    35-44-2-1 that the following representation is true: That KOREY B. IZYNSKI did on or

    about the 9TH

    day of December, 2014, in the county of Porter, State of Indiana knowingly

    or intentionally exert unauthorized control the property of Joshua Hood, to wit: a Ruger

    9mm pistol with the intent to deprive him of the value or use of his property contrary to

    statute and against the peace and dignity of the State of Indiana.

  • COUNT III

    [THEFT/POSSESSION OF STOLEN PROPERTY FELONY Level 6]

    I.C. 35-43-4-2

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C.

    35-44-2-1 that the following representation is true: That KOREY B. IZYNSKI did on or

    about the 12TH

    day of December, 2014, in the county of Porter, State of Indiana

    knowingly or intentionally possess a FN HERSTAL pistol belonging to Shannon

    Stooksbury with said possession being unauthorized and with the intent to deprive the

    owner of the value or use of the property, contrary to statute and against the peace and

    dignity of the State of Indiana.

    __________________________________

    T.W. Uzelac

    Approved by Porter County Prosecutor Brian T. Gensel by:

    __________________________________

    BRIAN T. GENSEL

    Prosecuting Attorney

  • State of Indiana ) In the Porter Superior Court

    ) SS:

    County of Porter ) Continuous Term, 2014

    State of Indiana )

    )

    v. ) Cause Number: 64DO__-1412-MR-

    )

    Thomas E. Reichler )

    AFFIDAVIT TO SHOW PROBABLE CAUSE FOR THE ISSUANCE OF AN

    ARREST WARRANT

    I, T.W. UZELAC , being first duly sworn upon my oath, depose and say as

    follows:

    I am a Detective with the Portage Police Department, and have held such position

    through the course of this investigation.

    At approximately 5:30 a.m. according to Krystal Tapia of 6090 Mill Run in

    Portage, her husband Alex Tapia heard his dog bark and observed and confronted 3 white

    male subjects breaking into a car located in his driveway. Two of the subjects, Nathaniel

    T. Sipe and Korey B. Izynski fled on foot. Tapia yelled freeze was able to confront the 3

    rd subject, Thomas E. Reichler who was inside the car when approached. During the

    confrontation, Tapia was able to gain control of Reichler. Tapia then led Reichler to his

    porch pending contacting the police.

    Before they got to the porch, a scuffle ensued and Reichler fired a shot which hit

    Tapia in the torso. Tapia then fired at least twice in response and hit Reichler in each arm.

    Tapia died as a result of his injuries. Reichler then fled the area and was transported by

    Nathaniel Sipe to St. Anthonys Hospital in Michigan City.

    Statements were taken from all three subjects. They all confirmed that they were

    stealing from cars that evening and were attempting to steal from Alex Tapias car, although they did not know his identity. When Tapia confronted them, Sipe and Izynsky

    fled, but Reichler did not get away. Reichler explained that Tapia hit him in the head as

    he was pulling him out of the car. Reichler did not know what Tapia hit him with. Tapia

    then pulled him up to his feet, guiding him to the front of the house. At that time,

    Reichler grabbed from his jacket pocket a Ruger 9mm handgun he and the other two stole

    from a car belonging to Joshua Hood on December 9th in Chesterton. Reichler then fired

    the shot that hit Tapia in the torso.

  • In response, Tapia fired at least two shots, hitting Reichler above his left wrist and

    in his right arm. Reichler said that he dropped the 9mm handgun and fled, ultimately

    getting in Izynskys car which was down the block from Tapias house. The two waited in the car until emergency personnel treating Tapia left and then they went to St.

    Anthonys Hospital in Michigan City where Reichler was treated for his injuries.

    Besides the theft of the Ruger 9mm from the car of Joshua Hood, the three

    subjects also admitted to stealing a FN Herstal handgun from a vehicle determined to

    belong to Shannon Stooksbury in Chesterton approximately 2 hours before the Tapia

    shooting. That gun was recovered from Korey Izynsky. Reichler initially stole the gun,

    but traded it to Izynski for the Ruger which Izynski stole on December 9th

    . Prior to the

    shooting, the three admitted to breaking into approximately 15 cars in Portage.

    I was able to verify that the handguns were stolen in Chesterton and were the

    subject of theft investigations. Alex Tapia maintained video security of his premises, and

    Portage Detective Janis Regnier watched the video footage and it corroborated the story

    told by Thomas Reichler.

    I believe that Krystal Tapia is credible and reliable because she advised me of

    matters within her own personal knowledge and because the information she provided

    was confirmed and corroborated by other evidence in this case. I believe the information

    provided by Nathaniel Sipe, Korey Izynsky and Thomas Reichler is in part credible and

    reliable because they spoke against their penal interests and because the information they

    provided was confirmed and corroborated by other evidence in this case.

    By reason of the above, I have cause to request the issuance of the following

    arrest warrants:

    Thomas Reichler: Murder, a Felony; Attempted Theft, Level 6 Felony; Theft/Possession

    Stolen Property, Level 6 Felony

    Further, your affiant sayeth naught.

    I have read the above and it is true.

    T.W. Uzelac

    Subscribed and sworn before me, a Deputy Prosecutor, this day of

    December, 2014.

  • State of Indiana ) In the Porter Superior Court

    ) SS:

    County of Porter ) Continuous Term, 2014

    State of Indiana )

    )

    v. ) Cause Number: 64DO__-1412-MR-

    )

    THMOAS E. REICHLER )

    405 STRONGBOW TRL )

    CHESTERTON, IN )

    DOB: 11/18/1996 )

    SSN: REDACTED [#1] )

    INFORMATION

    COUNT I

    [MURDER, A FELONY ]

    I.C. 35-42-1-1

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C. 35-44-2-

    1 that the following representation is true: That THOMAS E. REICHLER did on or about

    the 12TH

    day of December, 2014, in the county of Porter, State of Indiana knowingly or

    intentionally kill Alex Tapia, contrary to statute and against the peace and dignity of the

    State of Indiana.

    COUNT II

    [ATTEMPTED THEFT FELONY Level 6]

    I.C. 35-43-4-2; I.C. 31-41-5-1

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C. 35-44-2-

    1 that the following representation is true: That THOMAS E. REICHLER did on or about

    the 9th day of December, 2014, in the county of Porter, State of Indiana engage in

    conduct constituting a substantial step towards the knowing or intentional exertion of

    unauthorized control over the property of Alex Tapia with the intent to deprive him of the

    value or use of his property contrary to statute and against the peace and dignity of the

    State of Indiana.

  • COUNT III

    [THEFT/POSSESSION STOLEN PROPERTY FELONY Level 6]

    I.C. 35-43-4-2

    Detective T.W. Uzelac, swears under the penalties of perjury as specified in I.C. 35-44-2-

    1 that the following representation is true: That KOREY B. IZYNSKI did on or about the

    12TH

    day of December, 2014, in the county of Porter, State of Indiana knowingly or

    intentionally possess a Ruger 9mm pistol belonging to Joshua Hood with said possession

    being unauthorized and with the intent to deprive the owner of the value or use of the

    property, contrary to statute and against the peace and dignity of the State of Indiana.

    __________________________________

    T.W. Uzelac

    Approved by Porter County Prosecutor Brian T. Gensel by:

    __________________________________

    BRIAN T. GENSEL

    Prosecuting Attorney