UPDATE: Man faces felony charges for shooting repo man in hand
MISHAWAKA, Ind. -- UPDATE: Colten Gilmartin has been charged with one count of battery by means of a deadly weapon, a level five felony, and one count of criminal recklessness, a level six felony, following the Monday morning incident that left repo man, Christopher Grillo, shot in the hand.
According to the probable cause affidavit, on Monday, officers responded to shooting victim located at the Expo Gas Station at 601 N. Main St. in Mishawaka.
Documents state police arrived and observed a black Ford F450 tow truck with bullet holes in the front driver's side window, front windshield, steering wheel, and rear window.
Christopher had suffered a gunshot wound to his left hand. Danyelle Grillo was also on the scene with Christopher.
Before being taken to the hospital, Christopher told officers they were at a residence in the 220 block of Colfax Avenue to repossess a black Jeep Wrangler on behalf of Advance Asset Recovery Transport.
Grillo told police a man shot at them approximately five or six times while they were directly in front of the house. Police say multiple casings were later located near that area.
Christopher and Danyelle described the shooter as a heavy-set white man wearing a green shirt and blue pants.
Christopher believed the registered owner of the Jeep's last name was Gilmartin.
Danyelle stated they were there to repossess the Jeep from a man named Cory Gilmartin and that he was in the county jail.
An officer then spoke with Christopher at the hospital where he told them he and Danyelle had loaded the Jeep onto their tow truck.
He then stated as they drove past 220 W. Colfax Avenue, a man ran into the street and fired.
Christopher said he told Danyelle to call the police and dispatch then directed them to the Expo Gas Station.
Colten was identified as the brother of the Jeep's registered owner.
Police then surrounded the residence on Colfax Avenue and called Colten on the phone.
Authorities then convinced Colton to come out of the house peacefully.
Colten's mother and stepfather also came outside. Colten was found to match the given description of the suspect.
Court documents state, later, neither Christopher nor Danyelle was able to identify Colten from a photo array.
A search warrant was obtained for the Colfax Avenue residence and during the search, officers found items including a holster, packing slip for a Taurus handgun, two plastic bags of spent casings, and a black Taurus handgun case.
Documents state the Taurus handgun case contained two loaded 9mm magazines and a black Taurus G3 semiautomatic handgun.
Police say the handgun box, gun, and ammunition had been wrapped in a towel and hidden between a bed and headboard in the basement.
Authorities then advised Colton of his Miranda rights and he stated he had been sleeping all night.
Colten added at one point that night, he had a friend with him.
Colten later told an officer he had been home asleep on the couch when his friend woke him and told him he was being robbed.
Colten stated he then went outside and saw that his vehicle was gone.
Colten added he saw a tow truck accelerate and travel directly towards him.
Colten told police he fired approximately 11 rounds at the truck. He later gave his guns to his mother.
The State of Indiana has requested the court to detain Colten until a bail hearing in open court, due to him being considered a substantial danger to self, others or the community.
ORIGINAL STORY: The Mishawaka Police Department reports they received a call regarding a gunshot victim at the intersection of Main Street and Mishawaka Avenue around 2:26 a.m., Monday.
The victim, identified as a 38-year-old man, told officers while attempting to repossess a vehicle he was shot by an individual who may have been the vehicle's owner.
The victim sustained a gunshot wound to his hand and received treatment at the hospital.
The suspect, identified as a 35-year-old man, was found, questioned, and taken into custody.
Charges will be assessed by the St. Joseph County Prosecutor's Office.