A plea and sentencing hearing for Kevin Eggert was held Wednesday morning. Eggert is accused of threatening to kill Misty Ross while pointing a 12-gauge shotgun at her, and faces one count of Intimidation, a Class C Felony, and one count of Pointing a Firearm, a Class D Felony.
Starke Circuit Court Judge Kim Hall rejected the plea agreement from Eggert’s attorney, Richard Ballard, and the state, which would have dismissed his second count, Pointing a Firearm, and would have given him three years suspended in the Department of Corrections, among other conditions.The defendant would have also been placed on probation for 30 months, undergo an assessment by the Starke County Community Corrections Program for anger management and mental health evaluation, pay all court costs, and have no contact with Ross except to make arrangements for the visitation of their daughter. The judge has set his status hearing for April 27 at 1:30 p.m.
According to the police report, Officer Todd Keen was dispatched to a residence on Nov. 21, 2010 in reference to a male subject pointing a gun at a female. When Keen arrived, he spoke with Misty Ross, who was standing outside the residence. Ross told Keen that she and her boyfriend, Eggert, had been having some relationship problems, and had told Eggert a few days prior that she was leaving and taking their children. On Nov. 21, Ross had gone to a male friend’s house, and was getting ready to leave when Eggert pulled into the driveway, pointed the shotgun out the window, and said, “I’ll kill you and Tom.” Eggert then left.
Ross then reportedly called 911 and began walking home, fearing for her children’s safety. When she arrived, Eggert was in the residence but left quickly after reportedly receiving a cell phone call telling him the police were on their way. Ross showed Keen the gun that had been used, which was loaded, and Keen attempted to search the area for Kevin but was unable to find him.
