Prosecutor’s office declines to file formal charges against five teens arrested for shooting

The prosecutor's office has declined to file formal charges against the five teens arrested in a shooting last week.
Posted on April 22, 2013 at 1:00 a.m. | Updated on April 22, 2013 at 2:41 p.m.

ELKHART — The five teenagers arrested last week following a shooting in Goshen could be released as soon as Monday, April 22, after the Elkhart County Prosecutor’s office declined to file formal charges against them.

The prosecutor’s office said in a press release that “although probable cause was found which justified the detention of these individuals, the charging decision is one that requires a much higher level of scrutiny.”

According to the press release, the Goshen Police Department will continue to investigate the incident that happened the evening of April 14.

Witnesses told police they were gathered at about 9:30 p.m. at a house near the intersection of Middlebury and School streets when two vehicles approached them. They said one or more individuals started shooting at them from one of the cars. Four teenagers were injured as a result of the shooting. Three were taken to IU Health Goshen hospital with non life-threatening injuries.

Police initiated an investigation that led to the arrest of five teenagers Monday night, April 15:

ŸDiego Ramos, 19, of Elkhart, was arrested on suspicion of attempted murder, and criminal gang activity.

ŸAbraham Delgado, 16, of Goshen, was arrested on suspicion of attempted battery with a deadly Weapon and criminal gang activity.

ŸChristian Bueno-Resendis, 16, of Goshen, was arrested on suspicion of assisting a criminal and criminal gang activity.

ŸAlejandro Bueno, 16, was arrested on suspicion of criminal gang activity.

ŸJonathan Delgado, 15, of Goshen was sent to juvenile detention. He was arrested on suspicion of conspiracy to commit murder and criminal gang activity.

According to a press release from the prosecutor’s office, a judicial officer found probable cause to support the arrest of the teenagers on Thursday. However, the prosecuting attorney in the case had 72 hours since the determination of probable cause to make a formal decision, whether or not to file charges.

The teens will be released as soon as the Elkhart County Jail is formally notified because they have not been charged at this time. However, they may be arrested again if the prosecuting attorney receives information that could merit the filing of formal charges.

The prosecutor’s office asked the police department to “document facts and circumstances that have not been fully investigated.

“Upon being satisfied that the Goshen Police Department has completed its investigation, the investigation will be reviewed again and a formal filing decision will be made, at that time, determining what charges, if any, are appropriate for each individual,” the prosecutor’s office said in a statement.

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