Elkhart Man Gets Probation For Intimidation, OWI Charges
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Amanda Bridgman-abridgman@timesuniononline.com
Judge Joe Sutton told an Elkhart man Wednesday during a sentencing hearing that his case was one of alcohol overriding the man’s mouth and brain.
Andrew Thomas Tokar, 29, Elkhart, appeared in front of Kosciusko Superior Court III Judge Joe Sutton Wednesday and was sentenced to 18 months in the Kosciusko County Jail, with 60 days executed and the rest suspended to formal probation, for a Level 6 felony intimidation on a law enforcement officer conviction; and to 12 months in KCJ, with 10 days executed and the rest suspended to formal probation for a Class A misdemeanor operating a vehicle while intoxicated conviction. The sentences will run concurrently, and Sutton allowed the man a month to try to get accepted to the Elkhart County Community Corrections program or to Michiana Community Corrections. If Tokar is denied to an alternative sentencing program, he will have to report at 7 p.m. April 14 to KCJ.
According to the probable cause affidavit, on Feb. 22, 2019, Claypool police responded to a report of a vehicle crashing into a mailbox and that the vehicle was stuck on top of the mailbox. Police found Tokar walking down the road, who admitted he was driving. Tokar was cussing at police when they arrived, banged his head against their patrol vehicle and was then placed in the cage of Warsaw Police Officer Clayton Rieder’s patrol vehicle.
As Rieder transported Tokar to KCJ, Tokar said, “Wait till I come to your house. What you got? Kids? I hope someone comes to your house and f****** kills you.”
Tokar refused to take a breathalyzer, and lab work from a blood draw revealed his BAC was 0.32%.
In court Wednesday, Kosciusko County Deputy Prosecuting Attorney Joseph Sobek said the sheer level of the alcohol in Tokar’s blood during the incident is troubling.
“Most of us, a 0.32%, we would be in a coma or possibly dead,” Sobek said. “But he was able to function and speak. ... That’s a very serious alcohol problem.”
Tokar told the judge he’s been seeking mental help since the incident and doing other things to help improve his life, including taking computer classes and looking into colleges. He also revealed that he was diagnosed two years ago with Hepatitis C and has been seeking treatment for that as well.
“I apologize to the arresting officers for my actions and words,” he said. “I want to become a productive member of society.”
Sutton said it seems the alcohol was overriding the mouth and the brain at the time, but that he appreciates Tokar’s apology to the police.
“We’ll pass it along to them,” Sutton said.
Tokar’s driver’s license was suspended for one year and 60 days. The owner of the mailbox in the case did not request restitution.
