By Deb Patterson
InkFreeNews
KOSCIUSKO COUNTY — Tyler Lee Herbst, 27, 5389 N. 1000E, Pierceton, was sentenced to one year in the Kosciusko County Jail, all suspended to be served on probation, today, Thursday, May 16, in Kosciusko Superior Court 1.
Herbst was charged with burglary, a level 5 felony and theft, a class A misdemeanor. Through a plea agreement, he pled guilty to the theft charge, with the burglary charge being dismissed.
Nicholas Jacobs, attorney for Herbst, told Judge Karin McGrath, Herbst had stated after being initially charged, he intended to improve himself. On his own accord he has steady employment, has done volunteer work at the North Webster Community Center and has attended NA and AA meetings, as well as substance abuse counseling. He does have a pending charge of burglary, a level 5 felony, in Noble County.
Jacobs noted that Herbst started turning his life around prior to the Noble County charges being filed. “I’m confident he will do well on probation,” said Jacobs.
“You’re a lucky man,” McGrath stated. “He had a gun. You’re darn lucky he didn’t use it. It could have gone crossways really quick … You have no prior criminal history. That was a really, really bad decision.”
After accepting the plea agreement, in which Herbst requested immediate sentencing, McGrath stated, “I fully expect you to be successful.”
Herbst was one of two men arrested after a North Webster man notified police his barn was being broken into, confronted the two burglars, chased them down, and fired two warning shots into the ground from his personal firearm.
Trail camera recordings from the barn showed Herbst and Graham picking up items and going through the property owner’s belongings. At the scene, the deputy found a backpack containing four fishing boat rod holders that the property owner said belonged to him. Herbst said the backpack belonged to Graham.
