Oct. 3—GOSHEN — An Elkhart man was sentenced to a total of two years in prison Thursday in Elkhart County Circuit Court for a crash that resulted in the death of his wife in June 2022.
Dustin Yoder, 36, was convicted on a charge of causing death while operating a motor vehicle with a Schedule 1 or II substance in the blood, a Level 4 felony, to six years in the Indiana Department of Corrections, with two years probation upon reporting a probationary period. The remaining four years will be served two years at the Indiana Department of Corrections and two years of alternative placement at Michiana Community Corrections.
At his sentencing, Yoder apologized to his late wife, his children, his own family and his wife’s family.
“If I had the chance, I would apologize to my wife for missing out on the achievements, experiences and everything that came with their growth,” he said. “This tragedy happened while we were doing something we both love and I am sorry.”
His attorney Brian Lakey explained the events leading up to the death of Dustin’s wife Kylah Yoder. Kylah, wife and mother of Dustin’s three children, was a kindergarten teacher at St. Paul’s, a pharmacy tech at Meijer, and, along with her husband, a motorcycle enthusiast.
On June 25, 2022, the couple attended a charity event, Rio’s Rainbow Ride, to raise awareness for bullying and funds for Rio’s Rainbow in the wake of the eighth-grader’s death due to bullying earlier this year.
After the fundraiser, the couple had dinner together and began their drive home. Around 12:28 a.m. Dustin was riding his motorcycle with Kylah on the Ind. 120 when the accident occurred where the speed limit drops due to the curves at Heron Cove.
According to Lakey, Dustin didn’t brake early enough, lost control and crashed. Lakey said the investigator did not mention drugs or alcohol as contributing factors, and argued that Dustin was not drunk at the time of the crash. Dustin told police he had used Adderall, but the results tested positive for methamphetamine. Yoder said he had a Twisted Tea and a few beers around lunchtime.
When asked by Elkhart County Judge Michael Christofeno what he thought his sentence should be, Yoder said house arrest or probation.
“That’s a very difficult question to answer,” Yoder said. “I feel like I’ve lost enough or been punished in ways you could never imagine. … I’m being punished day in and day out.”
Christofeno told him he would serve a prison sentence, but he hopes he finds peace.
“I really hope that you view this as punishment and that you are held accountable for your crime, and that you serve your time — and that you allow yourself to be expelled,” Christofeno said. “You serve your time and you move on.”
PEDRO A. PORTILLO
An Elkhart man charged with burglary and a string of other violent crimes after an altercation with his ex-fiance pleaded guilty Thursday in Elkhart County Circuit Court.
Pedro Portillo, 48, Elkhart, is charged with burglary, a level 3 felony; strangulation, a level 6 felony; domestic battery with priors, a level 6 felony; and harassment, a Level 6 felony, stemming from an incident on June 3.
According to an affidavit of probable cause, Portillo broke into a home in the 2700 block of Pleasant Plain Avenue in Elkhart, threatening and assaulting his ex-fiance. Around 9 p.m. on June 3, witnesses at the scene told police that a door to the house had been broken open, there was blood all over the house and that their friend was missing.
Officers pinged her phone and later found her. According to court records, the woman told police she had agreed to meet Portillo, but when he came to the house around 11 a.m., thinking he was drunk or high on cocaine, he acted strangely and was verbally aggressive, and her hit her in the face. left eye, so she ran into the house. Portillo allegedly forced his way inside and allegedly strangled her. She was reportedly chased in and out of the house until she could lock the door and go to an upstairs bedroom. Portillo broke in again, entered the room, pulled her hair and strangled her again, stating he was going to kill her, and then left, according to the probable cause affidavit.
Police stated in their report that they found Portillo at 600 W. Wolf Ave., Elkhart, and confirmed bleeding injuries to his hands and wrists that they believed were caused by forced entry through the window. Portillo reportedly said the woman asked to meet him and that the doors were open, but later claimed that his injuries were the result of opening the doors and that he did not hurt her but did notice a mark on her right eye . He later admitted to breaking the glass but claimed he had not touched her.
Police noted that Portillo has a previous, unrelated battery conviction and a pending battery case against the woman.
Portillo pleaded guilty to Count 1, Dwelling Entry, and Count 2, Strangulation, both Level 6 felonies. Sentencing is scheduled for Oct. 31.
IMMANUEL A. BOSTIC
A man was sentenced to a year and a half of probation for technically breaking into a vacant home in Elkhart last year.
Immanuel A. Bostic, 29, apologized to the court for his part in the crime, and was sentenced to one year plus half a year, all suspended for reporting probation on Count 1, entry into a dwelling, a misdemeanor of level 6; and 60 days to be served concurrently, also suspended upon reporting of probation for Count 2, Possession of Paraphernalia, a class C misdemeanor.
Bostic, 29, and Carrie Bets, 40, claimed they had permission to be at the home in the 26000 block of CR 4, Elkhart, and that the house had been sold to them, according to an affidavit.
According to an affidavit of probable cause, the homeowner’s agent contacted police on June 7, 2023, stating that the home had been tampered with since he last saw it. He told police he noticed the blinds were drawn despite having been opened previously, and that he saw clothing and other items inside that had not been there during the home’s open house on June 3. The homeowner confirmed to him that no one was allowed at the house. At home. The ‘For Sale’ sign had also been removed, along with the key box on the front door.
Bets and Bostic were reportedly found leaving a bedroom, and while they were being held, Bostic allegedly told police that they had just purchased the house. During questioning, the affidavit states, they told police that they had been staying there since May 31, but knew nothing about the open house on June 3, and that a man named Mike had given them a tour of the house and permission had agreed to stay there, but According to the affidavit, the real estate agent and homeowner confirmed that no one named “Mike” was involved in the home in any way.
They allegedly admitted that the meth and paraphernalia found in the home were theirs, as well as the food in the refrigerator, according to court records. Appliances and other items that used electricity in the home were identified, which would result in the property owner being charged for utilities.
Bets and Bostic were arrested on charges of burglary, trespassing, theft and possession of meth and paraphernalia. Earlier this year, Bets was sentenced in January to two years, with half of her sentence to be served in the Elkhart County Correctional Facility and the other half on work release.
PAULINA L. FRAGAA woman allegedly involved in the theft of a friend’s car was sentenced Thursday in Elkhart County Circuit Court.
The victim claimed that he and two of his acquaintances, “Heather and Polly,” decided to go buy cigarettes and drove Ramos’ car in March 2019. The victim instead went to get something and discovered that the women had already left in his car.
An officer located the vehicle at Fifth and Garden Streets near Walnut Park and found Paulina L. Fraga behind the wheels. She didn’t respond when officers banged on the window, so they opened the door and she started talking to them but refused to identify herself.
Police made her exit the vehicle and informed her it had been reported stolen, but she claimed she had permission to borrow it. While searching Fraga’s bag, police found a glass pipe, marijuana, cocaine, a bag of meth and a syringe.
Fraga was arrested on charges of theft of a motor vehicle, possession of methamphetamine, possession of cocaine, possession of marijuana, possession of paraphernalia and possession of a hypodermic needle.
In a plea agreement, Fraga was sentenced to four years at Michiana Community Corrections and one year of probation, with several charges dismissed.
The BRANDON J. BELLAMYA man was sentenced Thursday in Elkhart County Superior Court 3 to a total of two years in prison for auto theft, a Level 6 felony.
A USA1 Auto Sales employee told police that a man took a 2021 Infinity for a test drive on Jan. 23 and never returned.
Police went to the home of the man who allegedly took the vehicle and another resident told him she thought the former resident was in jail.
Two days later, South Bend police received a Flock alert for the stolen vehicle and stopped the vehicle. The man told police that there had been a misunderstanding and that he was doing a test drive. Subsequently, police discovered that the man who identified the driver was not in fact. That man had been in prison for at least six months. The driver then identified himself as Brandon Bellamy.
During a photo lineup, the employee said he identified the detained man first, and then Bellamy, since Bellamy had stolen the man’s identification card.
On Thursday, Bellamy was sentenced in court to two and a half years in the Indiana Department of Corrections, with a six-month suspension to be served on work release.
Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.
