Fight between man and woman leads to multiple charges

Ruben Rubio, 34, arrested for battery, strangulation and manufacturing meth.

Posted on Feb. 12, 2014 at 8:54 p.m.

GOSHEN — A Goshen man was arrested this week when police responding to a domestic disturbance found an active methamphetamine lab.

According to a probable cause affidavit filed in Elkhart Superior Court 3, a Goshen woman went to the Goshen Police Department on Sunday, Feb. 9, to report a domestic battery and ask that an officer accompany her to retrieve her belongings from the home she shared with her ex-boyfriend.

She told police she had returned home and found her boyfriend, 34-year-old Ruben Rubio, cheating on her with another woman in their bedroom.

She and Rubio had been dating and living together for seven months, she told police.

When she confronted Rubio about the affair, he grabbed her by the neck, which made her unable to breathe and caused her to see stars, and demanded she leave, according to the affidavit. She scratched Rubio's arms in an attempt to break free and he threw her against a desk.

Two Goshen police officers accompanied the woman to the home in the 800 block of North Main Street where she and Rubio had been living so she could collect her belongings.

The officers observed scratches on Rubio's arms and wrists consistent with the woman's story. While speaking to Rubio, the officers smelled a strong chemical odor they recognized as being associated with the production of methamphetamine.

The officers had everyone leave the residence as a safety precaution and then conducted a sweep of the house to make sure there was no one else inside. According to the affidavit, the officers found several items used to manufacture methamphetamine, icluding coffee filters containing a white powdery substance, a box of cold packs, empty pseudoephedrine packaging, drain cleaner in a two-liter bottle, a red measuring cup with white residue and a black smoking pipe. The items were all scattered in plain view on and around a desk in the bedroom.

Two officers remained at the home while another left to obtain a search warrant. 

An officer from the Indiana State Police Clandestine Lab Team assisted in a full search of the residence. Officers found a Gatorade bottle filled with a clear liquid and sludge on the bottom which tested positive for methamphetamine. Police also found drain opener, lithium batteries and Coleman fuel, all common methamphetamine-making ingredients, in the bedroom.

Rubio was arrested on preliminary charges of domestic battery, strangulation and manufacturing methamphetamine. He is scheduled to appear in Elkhart Superior Court 3 for an initial hearing on Thursday, Feb. 20.

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