Waikel receives seven years in prison for fatal accident while driving under the influence of alcohol – InkFreeNews.com

By Liz Adkins
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Victor Joseph Waikel

WARSAW – A Milford man will serve a seven-year prison sentence for his involvement in a fatal accident while driving while under the influence of alcohol.

Victor Joseph Waikel, 22, 204 N. Perry Drive, Milford, was charged with intoxicated manslaughter, a Level 4 felony. Two other charges were dropped as part of a plea agreement.

Waikel was sentenced on Tuesday, June 25, in Kosciusko Superior Court Three.

Kosciusko Superior Court Judge Chad Miner sentenced Waikel to 9 1/2 years in the Indiana Department of Correction, of which seven years were served and two 1/2 years were suspended.

Waikel’s driver’s license was also suspended for 10 years. Miner recommended that Waikel attend Recovery While Incarcerated during his prison sentence.

Ricardo L. Garcia, 36, of North Webster, died in the crash. He was sitting in the back seat of Waikel’s vehicle.

Family members and friends of Garcia and Waikel were present in the courtroom for the sentencing. Miner also noted that compensation for Garcia’s family has been arranged.

At the sentencing, two of Garcia’s children gave victim impact statements.

Juan Carlos Acuahuitl, Garcia’s son, was a passenger in the vehicle at the time of the accident. Acuahuitl said he “wants the truth to come out” and said Waikel told officers his vehicle had left the road.

Acuahuitl did not say whether weather conditions on the day of the accident caused Waikel to drive off the road. He stated that Waikel asked him and Garcia if they wanted to test how fast his vehicle could go, although both told him no.

Garcia also offered Waikel to spend the night at their home because he felt that Waikel should not drive.

“He ignored us … he sped and drove straight into a tree,” Acuahuitl said.

After the accident happened and Garcia was found unconscious, Acuahuitl said he was going to call the police. Waikel became angry and told Acuahuitl not to call the police.

“I was supposed to be in the back seat,” Acuahuitl said, saying he remembered Garcia telling him to sit in the front seat while he sat in the back. “My father gave his life for mine. You destroyed my family, Victor. I have to forgive you, but that will take time. My father did not deserve this and it was all because someone got carried away in the moment and made the wrong decision.”

Jaretxy Garcia, one of Ricardo’s daughters, also testified about the impact her father’s death had on her family. She recalled a weekend in October 2023 when the group celebrated her birthday and said Waikel “drove home drunk that weekend.”

“My father had things to live for,” Jaretxy said. “He had a lot of people who loved him and he was a good man. That weekend in October, he wanted you to stay home with us so you would be safe. My father will never be able to walk me down the aisle… he didn’t get to see my graduation. And all because you wanted to look cool.”

Defense attorney John Barrett submitted six letters of support as evidence to the court on Waikel’s behalf. Victor’s oldest brother, Thomas Waikel, testified in court that he had witnessed Victor’s maturity and personal development while being a mentor to Thomas’ children.

“He puts everyone else above his own needs,” Thomas said. “I know he feels guilty.”

At sentencing, Assistant District Attorney Jennifer Naue noted that this was Victor’s second offense. His first was a minor DUI for which he received probation. The accident occurred two weeks after his conviction.

“It’s an unfortunate situation and it has directly changed Ricardo’s family,” Naue said.

Barrett said he and Victor expressed their regret and sympathy for Ricardo’s family. He noted that Victor has a “pretty serious drinking problem” and asked the court to place Victor in an RWI during his prison sentence.

“He’s a good person who made a really bad decision,” Barrett said. “He’s accountable, responsible and remorseful. His remorse is genuine.”

He said Victor had very little time to begin rehabilitation after his OWI conviction.

“It’s really unfortunate because I feel like this could have been avoided,” Barrett said.

Victor also made a statement in court expressing regret for his actions and the impact Ricardo’s death had on him.

“I feel terrible about the tragic events that have happened,” Victor said. “No words can express how I really feel… Ricardo was a true friend of mine and this nightmarish event has torn me apart inside.”

Affidavit of Probable Cause

On November 29, 2023, emergency personnel responded to a car crash on Epworth Forest Road near North Webster. Victor was identified as the driver of the vehicle.

During the investigation, officers noticed that Victor was showing signs of intoxication. He failed several sobriety tests and a portable breathalyzer showed a blood alcohol level of 0.12%.

Victor said he was driving home with Ricardo and Acuahuitl when his vehicle went off the road on a curve. He admitted to drinking alcohol before the accident.