A 12-member jury returned verdicts after a two-day trial held in Starke Circuit Court Wednesday, May 15 and Thursday, May 16.
The jury found the defendant, Joseph Quail, guilty on all counts considered by the jury including a Level 5 Felony count of criminal recklessness, a Level 6 Felony count of criminal recklessness, a Class A misdemeanor count of invasion of privacy, a Class A misdemeanor count of criminal mischief, a Class A misdemeanor count of criminal trespass, and a Class B misdemeanor count of criminal recklessness.
Level 4 Felony and Level 5 Felony counts of stalking were removed from the jury’s decision. Starke Circuit Court Judge Kim Hall granted a motion by Defense Attorney Alex Hoover for a Directed Verdict on those counts which means that there was lack of evidence presented to establish an essential element of those offenses.
Quail was found to have fired a .22 rifle into a car owned by the victim five times as it was parked outside of the victim’s house. The damage was realized when the victim drove to the bank and the car began to show signs of improper working order. The victim testified that the car was looked at by a local body shop whose mechanics found that the radiator had five holes in it. The victim then called police.
Starke County Sheriff’s Office Detective Charles Leonhardt testified that the radiator looked to have five bullet holes in it. As part of the investigation, he retrieved five spent shell casings from outside the victim’s home. Detective Leonhardt testified that he collected the rifle and ammunition from Quail’s apartment after the execution of a search warrant. Erika Gilbert, an Indiana State Police firearms and toolmarks examiner, testified that an analysis showed that out of those five casings collected, four proved to be fired from that rifle. Cell phone data was extracted from Quail’s phone by Tracy Kunsteck, an Indiana State Police Digital Forensics examiner, which showed, upon analysis by Detective Leonhardt, that Quail was in the vicinity of the victim’s home during the date and time of the acts.
There was testimony shared by the victim and evidence showed that a protective order was in place at the time of the incident.
Richard Shirley also testified as a witness in the case for the State of Indiana.
The defense did not call any witnesses and the defendant did not take the stand during the trial.
The State of Indiana was represented by Starke County Chief Deputy Prosecuting Attorney Matthew Poulos.
Judge Hall took the verdicts under advisement with sentencing scheduled for Tuesday, June 4 at 10 a.m. CT in Starke Circuit Court, unless there is a request to extend time for Starke County Court Services to complete necessary paperwork to be presented during the hearing.
Quail was remanded to the custody of the Starke County Justice Center following the reading of the verdicts.
