WARSAW — A Warsaw man was sentenced to 28 months in jail for residential entry and invasion of privacy and will not be given a chance to enter a drug and alcohol rehabilitation facility in lieu of incarceration, according to Superior Court Judge Joe Sutton.

According to the probable cause affidavit, Joshua Auer,24, 622 E. Fort Wayne St., Warsaw, was in court in connection to an incident Oct. 16, 2016, when he tried to gain access to the home of a person who had filed a no-contact against him. At the sentencing Wednesday, March 7, Auer requested, through his attorney Matthew Buehler, to enter the Serenity House for substance abuse treatment. Prosecutor Katy Hampton rejected the idea.

“He previously violated the rules of Serenity House and did violate the terms of his probation,” Hampton said.

Joshua R. Auer

Auer’s attorney conceded, saying “Mr. Auer was given an opportunity and did not comply.”

Buehler told the court that the rehabilitation facility was willing to try again, but acknowledged the decision would be up to Sutton.

Auer has already been incarcerated since last October and it was during that time in jail that Buehler maintained the defendant’s progress toward turning away from crime.

“We are certainly not asking the court to forgive and forget,” Buehler said.

Auer told the judge he was hoping for another opportunity for rehabilitation.

“I know I violated the terms, but I really hope I can get another chance,” he said.

The judge concurred with the prosecution. “I’m inclined to agree with Mrs. Hampton,” Sutton said. “I think the victim has to at least have a chance to catch her breath and not have to worry. I’ll give the Serenity House bed space to someone else more deserving.”