Joshua Kati sentenced for security guard's death
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Updated: 8:10 AM Oct 8, 2008
Joshua Kati sentenced for security guard's death
He killed a 63-year old security guard at a South Bend bar with just one punch, and today, Joshua Kati learned his fate.
Posted: 7:11 PM Oct 7, 2008
Reporter: Ryan Famuliner
Email Address: ryan.famuliner@wndu.com
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He killed a 63-year old security guard at a South Bend bar with just one punch, and today, Joshua Kati learned his fate.

27-year-old Kati pleaded guilty to reckless homicide last month for the incident that happened at the South Bank Bar back in May.

Tuesday morning, the plea agreement was accepted by the judge and it will ultimately put Joshua Kati in jail for 26 years.

However, only 8 years of that sentence is for the reckless homicide charge.

Kati had already served 2 years of a 20 year sentence for drug charges in a community corrections program.

Under that sentence, he wasn't supposed to be drinking alcohol, and wasn't supposed to be out at 3:00 a.m.; which is roughly the time the incident happened back in May.

63-year-old James Muddiman, a father and grandfather who ran a security company, was working his first night as a security guard at the South Bank Bar.

During an altercation, Kati punched him. Muddiman fell and hit his head and later died.

"Really for what he did to my brother: good time 4 years, for taking a man’s life. He shouldn't have been in that bar, and what is wrong with the system?" said Frances Daugherty, Muddiman’s sister, after hearing the sentence.

The prosecution agreed Kati should not have been at the bar.

“Clearly he shouldn’t have. That all by itself would have been enough to violate it, and then to add that on to recklessly kill another person is just horrific,” said Chief Deputy Prosecutor Ken Cotter.

In an emotional moment during the sentencing, Kati turned and apologized directly to the family.

"I’m very sorry. I know I can't make up for it. I hope in your hearts you can forgive me in time," Kati said.

“I believed him, what he said, I though he was sincere about it but it doesn’t take my pain away. He was my only brother,” Daugherty said.

“Sometimes people will turn around and apologize hoping the judge will think, ‘oh gee, that’s a real person they really do care,’ and give them a lesser sentence. In this case Mr. Kati knew the sentence he was receiving. The judge had already indicated she would receive it and so I think when he turned around it was a heartfelt sadness that he had taken somebody else's life. It doesn’t excuse it, but at least Mr. Kati ‘manned up’ for lack of a better phrase,” Cotter said.

It was an important moment for Kati’s friends and family, too.

“More calming. More of a relief to know that he is remorseful,” said Maria Donaldson, a family friend of Joshua Kati.

Donaldson said Kati had custody of 2 of his 3 children, who are now in his parents’ custody. She hopes Kati will improve himself while in jail, and return to his family as soon as possible.

For family on both sides, there's a sense of loss and frustration.

"It was an accident. He did publicly apologize to the family and I do understand there's nothing that can make up for a life, but we just want people to understand that it wasn't meant to happen this way," Donaldson said.

“I forgive him, OK. I just don’t think the system’s right for allowing him to be there and take my brothers life,” Daugherty said.

Judge Jane Woodward Miller ruled Tuesday that Kati will serve the remaining 18 years of his previous 20 year sentence for the unrelated drug charges in jail, rather than in community corrections. He'll also serve 8 more years for the reckless homicide.

That is the maximum sentence that can be served for a Class C Felony.

Muddiman’s family says they're pretty frustrated with the system, although they do forgive Kati, and believe that he didn't mean to kill Muddiman.

The prosecutor says that lack of intent or knowledge of the murder, is one of the main differences between a homicide and reckless homicide, which carry significantly different maximum sentences.



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