Man receives 34-year prison term for midway death

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BROWNSTOWN — A Kosciusko County man was sentenced to 34 years in prison for voluntary manslaughter for the death of Michael J. Steele in July 2021 on the midway the Jackson County Fair.

Zachariah David Konkle of Warsaw received that sentence Wednesday morning from Jackson Circuit Court Judge Richard W. Poynter.

Konkle was found guilty of the Level 2 felony by a jury on Feb. 16. A Level 2 felony carries a sentence of 10 to 30 years, but his sentence carried an enhancement due to him being a habitual offender. Konkle has two battery convictions with one resulting in bodily injury to a victim younger than 14 and a conviction for sexual misconduct with a minor.

The charge against Konkle stems from a fight between him and Steele after a family attending the fair asked Konkle if he could find someone in charge because a carnival worker around the Long Shot game on the midway had made fun of their special needs child and wanted to file a complaint, according to court records. Steele died as a result of the fight.

Konkle did not make a statement during Wednesday’s hearing. Poynter also denied a defense motion for a modification in sentencing after serving a certain amount of time.

Four of Konkle’s family members gave statements on his behalf.

His mother, Vickie Lambert of Warsaw, said she believes her son could be a productive member of society after prison and has a network of support.

“Even with him being in prison, I will never desert my son,” she said.

She admitted in her statement Konkle grew up in an abused home and would benefit from seeing a psychiatrist for his anger issues.

Konkle’s brother, Caleb Cherry, also of Warsaw, told Poynter that he and Konkle have always been close. Cherry also said he believes his brother could be a productive member of society outside of prison.

Konkle’s father, Kevin Cherry of Richmond, said his son would sometimes act before thinking but is a good person despite the circumstances.

Kevin Cherry also said after his son is released from prison, he would be able to help and support Konkle by providing a place for him to stay and help him acquire employment.

Melissa Marlow, Konkle’s former stepmother, said she believes he can learn to manage his anger and has asked for help.

Marlow also offered Konkle a place to stay, employment and education opportunities and mental health assistance via programs in the area.

Marlow was asked about the video call that was recorded where Konkle talked about fighting two people that night of the incident in a joking manner. She said the video does not reflect Konkle as a person and that he has shown remorse.

“He knows that he made a mistake, and his family can help him get back on the right track after prison,” Marlow said.

After the witnesses were finished, the prosecutors in this case asked for the court to consider a lengthy sentence for Konkle’s actions.

Konkle’s public defender, Jeremy Braunstein, said in the last year, Konkle has tried to commit suicide since incarcerated and now takes medication for lack of sleep due to nightly dreams of the incident.

Poynter told Konkle the facts of this case are disturbing and that everyone is guilty of letting emotions cloud their judgment, but he also talked about how that can be the cause of serious consequences.

“Nothing that Steele did justifies a death sentence,” Poynter said. “This just shows you how quickly someone can die, and now, because of the choice you made, your children will grow up without a dad.”

After the sentencing, Konkle and his family were visibly upset as they left the courtroom.

Konkle will be transported to a correctional facility in Plainfield until further instructions.

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