Mishawaka Man Arrested for Theft and Probable Cause

On October 16, 2023, at approximately 9:17 AM, Officer Workman of the Plymouth Police Department stopped a 1997 Dodge Ram.

The registered owner of the vehicle was Earl Leroy Avery IV, a 45-year-old man from Mishawaka. At the time, Avery was a suspect in a theft from DAC Enterprise, so he was read his rights and transported to the Plymouth Police Department for an interview.

During the interview, Avery admitted to multiple thefts. He admitted to stealing the 2020 12-foot dump trailer from DAC Enterprise in Plymouth with David Holland and David Rice. Avery also said he was present when Rice and Eric Barnard stole a roadside excavator in Culver. Then, he admitted to helping Rice scout an enclosed trailer on Union Road in Plymouth, which Barnard later stole (while Avery claims he was asleep). Finally, Avery told officers he had stolen a trailer from Centennial Park in September.

Avery is charged with five counts of theft, one count of attempted theft, and five counts of conspiracy to commit theft. The 45-year-old had also been in St. Joseph County for possession of methamphetamine and possession of paraphernalia.

Avery was transported from St. Joe’s County Jail to the Marshall County Jail on June 18th and was booked in on a felony warrant. His bond was set at $10,000 and he has yet to be bailed out.

Readers are reminded that charging information supported by an affidavit of probable cause is merely an allegation that a crime has been committed and that there is only probable cause to believe a crime has been committed. They are presumed innocent throughout the proceedings and are entitled to be represented by counsel and entitled to a trial jury at which the State is obligated to provide proof beyond a reasonable doubt before a judgment of guilt may be made.

Article written by Ryan Schiestel