03-02-2007The Warsaw man accused of criminal mischief at a local restaurant has entered a pretrial diversion agreement in Kosciusko Superior Court II.
Matthew T. Shively, 25, of Buffalo Street, Warsaw, entered the diversion program, and if he completes the requirements of the contract, the charges against him will be dropped.
Shively is charged with criminal mischief, a Class A misdemeanor, for a Dec. 13 incident at Mad Anthony’s Lake City Taphouse in Warsaw.
In pretrial diversion documents filed in Kosciusko Superior Court II this week, Shively admits that he “did recklessly, knowingly or intentionally damage the property of another person, namely Mad Anthony’s Brewing Company, without the consent of Mad Anthony’s Brewing Company ... punched the glass front door, causing it to break; causing pecuniary loss of at least $250 but not more than $2,500, and did also recklessly, knowingly or intentionally perform an act which created a substantial risk of bodily injury to another person ... punched the front glass door causing it to break and hit Alan J. Gottschalk, which caused lacerations to his hands, neck and tongue.”
According to court documents, Shively must not be charged with any new offense; pay $145 court costs; and pay a $50 initial and $10 monthly fee to the pretrial diversion fund at the Kosciusko County Clerk’s Office. If he misses a payment during the one-year contract, the deal is no longer valid.
Also, Shively must complete an anger management assessment and complete any recommendations of the evaluation. Once the evaluation is complete, Shively must provide proof to the Kosciusko County Prosecutor’s office.
Once the pretrial diversion period is complete, all charges against Shively will be dropped.
The case stems from an incident at Mad Anthony’s Lake City Taphouse Dec. 13 when Shively allegedly got into verbal altercations with two patrons and was escorted from the restaurant. Once outside the business, Shively reportedly punched the door, breaking the glass and sending a shard into a bartender’s mouth. The bartender suffered a cut to his tongue that required three stitches and minor cuts to his face, neck and mouth.
The officer who responded to the scene said Shively smelled of alcohol and had red watery eyes. Shively’s blood alcohol content reportedly was .148.
Shively had a deep cut to his hand, wrist and palm and was taken to Kosciusko Community Hospital for treatment.
Police gave Shively a voluntary statement form and asked him to fill it out and return it.
Since Shively works for the Kosciusko Prosecutor’s office as an assistant, a special prosecutor, William C. Hartley of Wabash County, was assigned to the case in December. Shively was arrested Jan. 26 for one count of criminal mischief. He posted bond and was released the same day.