Barn Arsonist Sentenced to 50 Years
Published: Friday, November 25, 2022
"This is a despicable crime, absolutely despicable."
Those were the words of the Honorable Stephen R. Bowers, judge of Elkhart Superior Court 2, as he, on Monday, sentenced Joseph Hershberger of Nappanee to a 50-year prison term for intentionally burning eight Elkhart County barns last year.
Bowers noted that in his 16 years on the bench, he rarely has handed down the maximum penalty to a convicted criminal, but, due to several aggravating circumstances, this case was different.
"Under Indiana law, maximum sentences are reserved for the worst of the worst," Bowers said. "Mr. Hershberger, that's you."
Hershberger appeared remotely from the Elkhart County Jail.
The aggravating circumstances Bowers mentioned were the fact that the arsons were committed while Hershberger was on probation, Hershberger's lengthy criminal record prior to these crimes, that at least two victims were over the age of 65, and that Hershberger placed both firefighters and the community at risk.
Bowers imposed a 12-year sentence and $10,000 fine for each of the eight Level 4 felony counts of arson, totaling 96 years and $80,000 in fines. However, to comply with the plea agreement, which capped the prison sentence to 50 years, Bowers suspended 46 years.
Earlier, Hershberger's attorney, Chelsey Newberry Sarason, argued that Hershberger's crimes were against property, not people. She added that the 50-year prison term, as spelled out in the plea agreement, "is basically a life sentence," and asked the judge to impose a lighter sentence. Hershberger is 42 years old.
However, Bowers—as well as the prosecuting attorney and the four victims who testified—all rejected the argument that the crime was against property, not people.
The barns "weren't just places to store farm implements and the products of farming," Bowers stated. "Some of these barns were part of the very fabric of families that had farmed for generations. And each of these barns was a treasure and virtually irreplaceable."
Lucas Shoemake, deputy prosecuting attorney, stated that these barns were unique, historic structures that reflected the hard-working character of their owners. He said the arsons were committed on April 13, April 27, May 3, July 28, Sept. 18 and 19 and Oct. 1, all in 2021
He pointed to the defendant's prior criminal history that included convictions for reckless driving, conversion, domestic battery with a child present, resisting law enforcement in a vehicle, fraud, forgery, theft, neglect of a dependent and criminal mischief. Regarding the latter crime, Shoemake stated that Hershberger was originally charged with arson.
"In that case, the defendant burned a trailer," Shoemake said. "And now, years later, he is continuing the same course of conduct."
One of the victims, Garry Weybright, owned a centennial farm that had been in his family for six generations, spanning over 120 years. Reading a statement, he said the loss of the barn on the evening of Oct. 1, 2021, due to arson, has left him and his family with "indescribably deep emotional hurt and scars." The post-and-beam barn, he said, was an integral piece of the farm and held cherished family memorabilia along with two antique tractors, farm equipment, tools and other irreplaceable items.
In addition to the loss of the iconic barn, the fire scorched the siding on his house and two vehicles parked outside.
"The entire extended family went into mourning on the news of this dastardly deed," Weybright testified. "I felt like part of my very heart and soul had been ripped out of my body."
Gary Eby, whose barn was burned on May 3, 2021, testified that the arsons took away his sense of safety and security. He said he often wakes up at night whenever he hears a car drive past his house.
"I have to keep an eye out (to) the windows to make sure it keeps on going," he said. "There have been several times when I've dreamed about the thing burning. It just bugs me. It's all the time that way."
Inside his barn were four tractors, including one that he purchased after getting out of the U.S. Army in 1968. Each of the tractors held sentimental value for him. The barn was also built by his great-grandfather. Being retired, he has chosen not to rebuild.
Another victim, Nelson Martin, read a statement describing the events on the evening of Sept. 18, 2021. He said he and his wife were awakened by someone pounding on their door.
According to Martin, he and his wife got the children out of bed and then he rushed to move some possessions out of the implement shed, leaving his wife and children in the care of this young couple, which turned out to be Hershberger and his alleged accomplice, Sherry L. Thomas.
"My wife later shared how this couple had led a prayer for us," Martin testified.
When Martin later searched for the couple to thank them, he found that their car was gone. Soon after that, another fire was reported at Daniel Imhoff's farm located several miles to the north and west. Martin said that he and Imhoff are cousins.
As the weeks went by and the Martin family began rebuilding, they wondered who that mysterious couple might be. They reasoned that they must have been angels. Late last year, they learned that an arrest had been made, but when Martin and his wife looked at the newspaper and saw the photos of the accused, they were shocked to see that the accused arsonists were actually the young couple who had knocked on their door on the night of Sept. 18, 2021.
"The biggest thing I struggled with was, emotionally, the fact that I had left my children in the care of the perpetrators," Martin said. "It took me some time, but in order to move on with life, I decided that I must forgive this couple. We will never forget it, but I feel it is my Christian duty to forgive them. I would ask the community to do the same."
On the evening of Oct. 1, 2021, Hershberger intentionally burned a barn owned by Bradley and Stacey Bobeck. Stacey Bobeck testified that her husband had just returned home after a long day of harvesting crops. She said he noticed the fire trucks at their barn and immediately suspected arson.
"Although we did not lose as much as some people did monetarily or sentimentally, it didn't make our feelings of being invaded and violated any less," she said.
She said that Hershberger caused immense worry, fear and anxiety in the community.
Hershberger's attorney, Sarason, said that Hershberger's actions were the result of a mental illness, that he was not able to afford treatment and that he was too embarrassed to seek help.
Stacey Bobeck said that mental illness was not an excuse for the choices which Hershberger made. She pointed to his long criminal record and said that he deserved to have severe consequences. She said his actions were "cowardly."
Earlier, Hershberger was offered a chance to speak on his own behalf. He apologized for his actions and added that he has tried to take his own life on two occasions during the past year. He said he faces a "terrifying reality" of dying in prison unless the judge grants a lighter sentence.
"I apologize deeply to everyone," he said. "I apologize to my family, to all of the victims. I'm sorry. I should have never done ... I can't go back and fix it. If I could, I would."
He admitted that he deserves to be punished, adding, "I'm just asking to be able to see freedom again."
Bowers was not swayed by Hershberger's plea for mercy. He stated that Hershberger, in his remarks to the court, minimized his culpability by describing his crimes as "poor choices."
Further, pointing to Hershberger's extensive criminal history and aggravating circumstances, the judge found sufficient grounds to impose the maximum penalty.
"In your case, the fact that you are going to be in prison for a very long period of time is more than justified, and it is exactly the reason we build prisons," Bowers said.
In his final comments, Bowers stated, "This is a despicable crime, absolutely despicable. I appreciate that Mr. Martin, for one, has forgiven you for this crime. But being forgiven for the crime doesn't change your accountability. That is why I think you belong in prison, Mr. Hershberger, and that is why I am sending you there."
Hershberger will serve time in a facility to be determined by the Indiana Department of Corrections. In addition to the 50-year sentence he will serve for the Elkhart County arsons, he also faces three felony arson charges in Kosciusko County and one felony arson charge in Marshall County. His alleged accomplice, Sherry L. Thomas, has agreed to plead guilty to her role in the Elkhart County arsons. She will appear before Bowers on Nov. 28 at 8:30 a.m. She also faces arson-related charges in both Kosciusko and Marshall counties.
Return to Top of Page