Apr. 6—GOSHEN — In a case which the prosecution called cold, callous, senseless, and cowardly, a jury has found 28-year-old Darius Thomas guilty of murder.

The charge stemmed from a Feb. 5, 2021 shooting at the Marathon Gas Station, 1226 S. Main St., Elkhart, where Thomas shot and killed Barnes, who according to witness testimony, was simply trying to let Thomas know he'd dropped a COVID mask outside his car. Thomas told the jury Wednesday that the incident occurred because he was fearful while being approached, but was not permitted to elaborate further to the jury.

"There was no imminent danger and certainly whatever he did was not proportional," said Prosecuting Attorney Don Pitzer told the jury during closing arguments.

In addition to his conviction of murder, Thomas faces an additional penalty for use of a firearm. Sentencing is scheduled for May 4.

TIMOTHY COFFEE

A status conference was continued for a robbery suspect Timothy Coffee.

Officers responded to a call at CVS Drug Store, 1210 N. Nappanee St., at 9:21 a.m. in reference to a robbery in progress. The victim, a cashier, told police that the suspect, later identified as Timothy Coffee, 38, asked him if they sold cell phones, entering and exiting the store several times before holding up the cashier and demanding his keys and phone, collected the items, and left.

While investigating, officers received another call for a domestic disturbance on Silver Street, with a suspect matching the description the cashier had given them. They found him at Walmart and took him into custody, and recovered the car, but Coffee said he'd thrown the cell phone out the window. Coffee also alleged that he never actually had a gun, but an 'L' shaped piece of metal which, when covered with by backpack, appeared similar. Officers recovered it and the backpack by the doors of Walmart, 175 W. C.R. 6.

The new status conference date is May 25.

CRISTIAN GOMEZ BENITEZ

The defendant in a domestic situation that turned dangerous told Elkhart County Circuit Court Judge Michael Christofeno that he had not successfully hired an attorney yet, and as a result, was appointed a public defender during Thursday's court proceedings.

Cristian Gomez Benitez, 33, Elkhart, had an initial hearing on in Elkhart County Circuit Court Thursday on charges of burglary with a deadly weapon, intimidation with a deadly weapon, domestic battery with a deadly weapon, and invasion of privacy.

According to a probable cause affidavit, Cristian Gomez Benitez, 23, Elkhart, allegedly violated a restraining order against his former partner, of which has two children, March 24.

Police responded to a call at a home at 1128 Whitfield Ct. in reference to Gomez Benitez allegedly inside the home with a gun, and in violation of a restraining order, at 2:18 p.m. The victim said he entered the home without permission and entered the kitchen, threatening her, before going upstairs to the bedroom, and that he had not been to the home since he was arrested in January.

The victim said she and the children left the home as soon as he went upstairs, and contacted police, despite Gomez Benitez's warning not to, and went to Victim's Assistance.

Police searched the home and found Gomez Benitez lying on a bed in a bedroom. A gun was found the bathroom wedged between the fan and a light fixture. In January, Gomez Benitez had been charged with invasion of privacy and violation of a restraining order from an ongoing domestic battery case with the victim.

The case is scheduled for jury trial Nov. 6.

EDUARDO RUEDA AND JOHNATHAN MARTINEZ

Judge Christofeno approved continuances for the pretrial conferences two Elkhart teens accused of an armed robbery in Twin Pines Mobile Home Park.

According to a probable cause affidavit, Eduardo Rueda and Johnathan Martinez, both 16, responded to an Instagram post selling a PlayStation 5 that led to the robbery.

Rueda allegedly went to the teen's home and the two of them were outside discussing the transaction when a white Chevrolet Silverado with no license plate pulled up and a man in a ski mask exited the vehicle and pointed a gun at him and took the PlayStation. The white truck was later linked to Martinez.

The pretrial conferences were continued to June 15, and the jury trials remains scheduled for Oct. 16.

Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.