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   Proudly Serving Columbia City Indiana Friday, September 23, 2005  
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Jury finds restaurant robber guilty

By JENICA SCHULTZ

Staff writer

Five months after bones were broken in Debra Price's face during the Richard's Restaurant burglary, she got to see her alleged attacker convicted of the crime.

After approximately 45 minutes of deliberation Thursday, the jury came back to the Whitley County Circuit Court with a guilty verdict for Charles J. Hardin, 28, on charges of burglary causing bodily injury, a Class A felony, robbery causing serious bodily injury, a Class A felony, and aggravated battery, a Class B felony.

Police arrested Hardin after the blue Mercury Cougar used in the crime was found burning in a field north of Columbia City. Hardin's roommate, Jonathan Dean, reported the vehicle stolen, but when police informed him that the car linked him to the Mercury Cougar, he told them Hardin said he had hit a woman and set the car on fire to destroy evidence.

Price interrupted a burglar at Richard's Restaurant around 3:30 a.m. April 25. Bruising and blood on her face and neck showed Price was hit and choked by the perpetrator.

Whitley County Prosecutor Matt Rentschler built his case around blood and DNA found in the right pocket of Hardin's jeans, matching a laceration on his swollen right hand the day of the attack. A mixture of both Hardin's and Price's DNA was found in the jeans' blood stain.

"His hand, her blood, right hand, right pocket - it fits like a glove," Rentschler said in his closing argument. "The testimony only supplements the forensic evidence in this case Š The forensic evidence is all you need."

Throughout the three-day trial, defense attorney Brad Voelz tried to cast doubt over Hardin's guilt by connecting Dean to the crime. As a former Richard's Restaurant employee, Dean had the knowledge to make a precise hit on the establishment. He also led the police to the evidence in his trailer at Lot 29 of Miami Village Mobile Home Park.

Voelz claimed that Dean could have worn Hardin's clothing to the crime scene, but none of his DNA was found on the clothing.

Voelz also argued that no evidence found at the crime scene itself connected Hardin to the crime. A neighbor testified that he saw a man fitting Dean's physical description leaving the getaway vehicle at the trailer park immediately after the crime.

"This is not Jonathan Dean's trial," Rentschler said. "This is Charles Hardin's trial Š Witnesses can lie. Witnesses can be mistaken, but blood doesn't lie."

Dean, 25, already faces charges of false informing for reporting the Cougar stolen. Rentschler said Dean could face more charges related to the burglary.

Once the jury read its guilty verdict, Hardin, who has two prior felony convictions, pleaded guilty to being a habitual felony offender. He was on probation at the time of the Richard's Restaurant crime.

After the trial, several of Price's sisters expressed their satisfaction with the guilty verdict.

"I'm just relieved it's over more than anything. She's been through a lot," said Price's sister Jody Henry, who was also a witness in the case. Hardin was at her house fixing her daughter's car the night before the attack.

During her testimony, Henry said Price's cheekbones and nose look different since the time of the attack, and she is missing teeth.

Whitley County Circuit Court Judge James Heuer, who presided over the trial, set Hardin's sentencing for Oct. 17. Hardin could face up to 50 years for each of the A felonies and 20 years for the B felony. He may also receive up to an additional 30 years on his sentence for being a habitual felony offender.

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