Sunday, February 7, 2016

Elkhart man convicted of robbery, burglary sentenced to 19 year in prison
Posted on July 13, 2013 at 1:00 a.m. | Updated on July 13, 2013 at 1:38 p.m.

GOSHEN — An Elkhart man was sentenced to 19 years in prison Thursday after he was found guilty of robbery and burglary at a bench trial in Circuit Court.

Davonta Johnson, 22, of Elkhart, was charged with robbery while armed with a deadly weapon and burglary while armed with a deadly weapon, both Class B felonies. He was accused of breaking into a home on the 400 block of Middlebury Street on Aug. 17, 2012.

According to the probable cause affidavit for his arrest, Johnson broke into a house, threatened the victims with a gun and stole about $230. The victims recognized him as their former baby-sitter’s boyfriend.

Johnson was arrested on a warrant Oct. 18, 2012, following an investigation by the Elkhart Police Department.

According to Judge Terry Shewmaker’s written order following Johnson’s bench trial, one of the victims was in the bathroom about to give her younger child a bath when she heard a loud crash. The victim went to the kitchen and found Johnson pointing a gun at her 4-four-old.

“This is a critical issue,” stated the order. “The court understands that the victim has criminal convictions; however, in this case a gun was placed to the head of the victim’s four-year-old daughter. It is likely this event will not be forgotten by (the victim.)”

During Johnson’s sentencing hearing, Shewmaker brought up the issue of pointing a gun at a 4-year-old.

Shewmaker said the fact that there were two victims who were not adults involved in the case was enough for Johnson’s sentence to be enhanced to 19 years for each count. However, the judge said the sentences will run concurrently.

“It’s bad enough to have a 4-year-old child being marched into a room with a gun to her head. It’s even worse when her mother is standing there holding an infant child in her arms while all this occurs. That’s a problem. And it’s inexcusable,” he said.