By Liz Adkins
InkFreeNews
WARSAW — A Warsaw man will serve a 1 1/2-year sentence locally for his involvement in a July 2023 shooting in Warsaw.
David Castillejo Jr., 23, 422 W. Porter St., Warsaw, is charged with criminal recklessness with a deadly weapon, a level 6 felony; and unlawful carrying of a handgun, a class A misdemeanor. Two additional criminal charges were dismissed as part of a plea agreement.
Castillejo was sentenced in Kosciusko Superior Court One on Thursday, June 6.
For criminal recklessness, Kosciusko Superior Court One Judge Karin McGrath sentenced Castillejo to 1 1/2 years in the Kosciusko County Jail, with six months executed and one year suspended on probation. She approved Castillejo for direct placement into Kosciusko County Community Corrections for the executed part of his sentence.
Castillejo also received a six-month KCJ sentence for unlawfully carrying a handgun, with that count to be served at the same time as the criminal recklessness charge.
In total, Castillejo will serve six months through community corrections and one year on probation.
Warsaw Police Department will also dispose of the firearm Castillejo used during the incident.
At sentencing, Deputy Prosecutor Matthew Buehler said Castillejo’s plea agreement was “negotiated in good faith and was a just resolution to the case.” He noted the incident occurred in a crowded residential area and asked for that to be taken into account with Castillejo’s sentence.
Defense Attorney Gregory Ridenour acknowledged the concern with public safety, but noted Castillejo was unlikely to commit another crime.
He said Castillejo was pursued and shot at by Jose Avila Jr., Warsaw, a co-defendant in the case. Ridenour said Castillejo and his family were “sitting ducks for a moment” during the incident.
Castillejo expressed his apologies to the court, community, and law enforcement for his actions. He said he’s the sole provider for three young children and was willing to do whatever he needed to in order to address his mistakes.
“I would never intentionally put others in harm’s way,” said Castillejo.
McGrath said the mitigators in the case outweighed the aggravators, telling Castillejo that she believed he was genuinely remorseful. She reminded him about the importance of being a good role model toward his children.
On July 31, 2023, a Warsaw Police officer responded to a report of shots fired in the area of Columbia and Porter Streets.
Upon arrival at the scene, the officer saw Castillejo, who said Avila shot at him so he shot back. Castillejo said a woman asked him for help with two men, one of whom was Avila.
According to court documents, one of the people at the scene yelled that Avila had a gun. Upon hearing this, Castillejo said he heard two gunshots and that a third gunshot hit his vehicle. Castillejo then stopped his vehicle, grabbed his handgun and fired four or five shots at Avila.
Currently, Avila is taking his case to trial in late October.
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