Diversion agreement hearing set for teen accused of stabbing his dad – Journal & Courier

Posted: February 29, 2020 at 11:23 pm

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John D. Vanderwielen walks out of the Tippecanoe County Courthouse, Friday, Feb. 28, 2020 in Lafayette. Vanderwielen is accused of aggravated battery with risk on life, domestic battery with a deadly weapon, battery with a deadly weapon, domestic battery, battery resulting in bodily injury, criminal recklessness with a deadly weapon, resisting law enforcement and possession of paraphernalia after allegedly taking three hits of acid before attacking his parents.(Photo: Nikos Frazier | Journal & Courier)

LAFAYETTE Eighteen-year-old John Vanderwielen is one step away from formalizing his 18-month diversion agreement that allows him to avoid jail and prison for allegedly attacking his father with a knife and punching his mother.

During a hearing Friday, Tippecanoe Superior 2 Judge Steven Meyer set a hearing for 1 p.m. March 18 to decide if the court will sanction the agreement between Vanderwielen and prosecutors.

The hearing will give prosecutors time to correct a few typos in the Feb. 13 signed agreement, Vanderwielen's attorney, Steve Knecht, told the court Friday.

Vanderwielen, who was 17 at the time of the Jan. 26, 2019, attacks, will be required to maintain lawful behavior, get his high school equivalency and successfully complete the Restoration Men's Ministry through Faith Church, according to the agreement.

Until his acceptance into the Restoration Men's Ministry, he will remain on community corrections and will live with his aunt and uncle, where he's lived since posting bond last summer.

Vanderwielen's agreementwaiveshisconfidentially for the ministry's program, and he also waived his Fourth Amendment protections from unreasonable search and seizure, according to the agreement.

During the agreement, Vanderwielen cannot return to his parent's house in the 3900 block of Sunnycoft Place in rural West Lafayette, where the attacks happened, according to the agreement.

Additionally, the no-contact order prescribing how he can interact with his parents remains in effect during the deferment program.

His status will be reviewed by the court every 90 days during the deferment, according to the agreement.

If he goes astray from the agreement's conditions, prosecutors can revoke the agreement, and he might be prosecuted.

If prosecutors revoke the agreement, Vanderwielen faces felony charges of domestic battery with a deadly weapon, battery with a deadly weapon and criminal recklessness with a deadly weapon. He also faces misdemeanors of domestic battery, battery with injury, resisting law enforcement and possession of paraphernalia. Additionally, prosecutors could refile the most serious charge aggravated battery with substantial risk of death, a Level 3 felony. That chargewas dismissed earlier this month.

According to Indiana law, a diversion agreement can be offered by prosecutors to defendants charged with lower level felonies, as well as misdemeanors. The Level 3 felony was an impediment to the diversion agreement.

The teen's legal problems in adult court started early Jan. 26, 2019, when he punched his mother in the face, then went downstairs and stabbed his father in the neck and face, according to a probable cause affidavit filed after his arrest.

Vanderwielen was waived into adult court on Feb. 14, 2019.

Reach Ron Wilkins at 765-420-5231 or at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

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