Mishawaka charged with shooting repo man towing his brother's Jeep

A Mishawaka man faces felony charges accusing him of firing numerous gunshots at the occupants of a tow truck repossessing a truck registered to the man's brother.

Colten Gilmartin, 35, is accused of running out of a house on West Colfax Avenue, just to the north of John Young Middle School, and shooting at a repo man and woman driving away with his brother's Jeep Wrangler in tow.

Mishawaka police say Gilmartin told detectives that he had been sleeping all night and a friend woke him up and told him he was being robbed. He allegedly told detectives he went outside and saw the Jeep was gone, then saw a tow truck accelerate and travel directly toward him. Then, he allegedly said, he fired around 11 shots and later gave his gun to his mom.

Previous coverage:Repo man shot in downtown Mishawaka, police arrest 35-year-old suspect

That was on July 15, the same early morning Mishawaka police were sent at 2:26 a.m. to the Expo Gas Station on Main Street, where a 911 dispatcher had advised a caller to meet police after he reported he had been shot while repossessing a vehicle. Police spoke with the male victim, who had a gunshot wound to his left hand, and the woman he was with.

Police also reported observing the victim's black F450 tow truck with bullet holes in the front driver's side window, front windshield, steering wheel and rear window.

Before being transported to the hospital, the victim and woman told police they were at the Colfax Avenue house to repossess a black Jeep Wrangler from a person they believed was in the county jail. They described a man who ran out of the house and fired shots at them as they drove past. That's when they called 911 and were directed to meet police at the gas station.

Police later verified the victim's statement by finding multiple shell casings near that area, prosecutors wrote in court documents.

The county prosecutor reported that after police identified Colten Gilmartin as the brother of the Jeep's registered owner, they surrounded the home on West Colfax Avenue and convinced Gilmartin to exit peacefully, with the suspect's mother and stepfather also eventually exiting the home.

Gilmartin fit the physical description the victim and woman gave, but later neither was able to identify a photo of Gilmartin, prosecutors said.

Prosecutors claim police found other physical evidence inside the home after obtaining a search warrant. That evidence was reported to the court as including: a holster, packing slip for a Taurus handgun, two plastic bags of spent casings and a black Taurus handgun case. The Taurus handgun case allegedly contained two loaded 9mm magazines and a black Taurus G3 semiautomatic handgun. Prosecutors described the handgun box as hidden between a bed and headboard in the basement with the gun and ammunition wrapped in a towel.

Gilmartin was charged in St. Joseph Superior Court with battery by means of a deadly weapon, a level 5 felony, and criminal recklessness committed with a deadly weapon, a level 6 felony. He was issued a no contact order for both the victim and woman. Gilmartin was not eligible for pretrial release without bail, due to allegedly firing multiple rounds into a vehicle with occupants. His bond was set at $5,000 cash. He was still in the St. Joseph County Jail on Thursday afternoon.

No information was provided about Gilmartin's brother.

Email Tribune staff writer Camille Sarabia at [email protected].

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