Joshua Kati sentenced for security guard's death
Joshua Kati sentenced for security guard's death Save Email Print
Posted: 7:11 PM Oct 7, 2008
Last Updated: 8:10 AM Oct 8, 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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Posted by: lucy Location: south bend on Oct 8, 2008 at 05:09 PM
While I do agree with some of you, Isn't the fact that he didn't premeditate this act that he can't be charged for murder? I thought I read somewhere that you can only be charged with murder if you premeditated the act or intended on killing the person. Where I'm sure he really didn't mean to kill the security guard, so he can't be charged for murder. I can't believe I just said that. Sounds like I'm sticking up for this worthless scum but I'm really not. It's just our judicial system I guess..

Posted by: Anonymous on Oct 8, 2008 at 03:04 PM
M... it is nice that you can be so concerned about a convicted drug dealer/murderer. It matters little if the man was hit with a fist, hammer or vehicle. He is still just as dead due to this worthless thug. As I stated in an earlier post, this guy clearly has no respect for the law or anything else. I am sure if it had been one of your relations who this pig killed youd be singing a different tune my friend. He got off light... Are you forgetting that he was on house arrest??? On that alone he should have been put back in prison. Your views are what contribute to the crime and violence we see everyday. You would have us believe that Kati is the true victim in all of this... makes me sick. As a former military policeman, duputy sheriff and security professional I have dealt with this type of individual many times. He should have taken a shot at me...i can assure you that things would have been different.

Posted by: Jerry Location: Mishawaka on Oct 8, 2008 at 01:55 PM
If you are worried about his babies, you should be happy he will not be around them while they are groving up. Him being in jail is the best thing for them. CAB, your buddy is worthless. He killed someone! By the way a 20 years sentence is not 'a little trouble'. You sound about as smart as your friend.

Posted by: T Location: SB on Oct 8, 2008 at 01:50 PM
Het CAB, you are obviously as dumb as your friend. If he stayed at home that night, like he was supposed to because he was on HOUSE ARREST, then Mr. Muddleman would not have died that night. I am not expecting you to be able to comprehend that completely, but there is no other way to explain it. You must not have understood the same thing your boy didnt understand, HOUSE ARREST MEANS YOU HAVE TO STAY AT HOME!!!!!!!!!!! IF YOU LEAVE YOUR HOUSE WITHOUT PERMISION FROM THE STATE YOU ARE IN VIOLATION OF THE LAW!

Posted by: Farley Location: Granger on Oct 8, 2008 at 01:46 PM
Ed from Benton Harbor. What ??

Posted by: M on Oct 8, 2008 at 01:14 PM
To Roman, ... hitting someone with a fist and a car is an analogy that doesnt have much merit either

Posted by: Frank Location: mishawaka on Oct 8, 2008 at 12:05 PM
It was a accident, I think 26 years is too much he has babys. So now he will lose out on alot of hes kids life. I dont thin

Posted by: Roman Location: South Bend on Oct 8, 2008 at 11:04 AM
To reply to M... Im sure a drunk driver had no "intention" of killing a kid on a bike either... after all he just hit the kid "one time" Get real!!! Your post has not merit.

Posted by: Bill Location: Granger on Oct 8, 2008 at 11:00 AM
Where's the accountability in our society? The victim's sister blames the "system" for the fact that he was out that night yet she forgives him. The "system" didn't kill her brother. It's just amazing that nobody has to be accountable for their own actions anymore.

Posted by: Ed Location: Benton Harbor on Oct 8, 2008 at 10:53 AM
Another terrible accident Kati falls somewhat of a victim,not for killing another human being But a victim of the system When ready for his first release Kati's actions were Freedom at Last in the back of Kati's mind still those prison demons of self Young people have lots of peer pressure Kati not wanting to be Labelled as Soft went to that Bar maybe not to drink but just to mingle with others What happened with Kati and Mr Muddiman only GOD could witness those events Prison Staff get on your jobs You Know Almost All Events that happen to Prisoner that deem them unsafe mentally to return to free mainstream lifestyles Those Doctors gettng fat salaries on Prisoners Review Boards Who's the real Psychopath? Do your jobs so People like Mr kati able to return to the Real World to raise their families even with that void of prison-life inbedded deep within their minds. What would you do to protest yourself knowing that your childrens future depended on You?

Posted by: M on Oct 8, 2008 at 09:55 AM
Everyone seems to like to throw the word murder around but im my opinion the guy had no intention of killing him. He punched him ONE TIME! I find it sad that even a drunken man of 27yo would punch a 63yo in the first place but i really dont think he was trying to kill him. If he was bashing his head repeatedly into concrete then it'd be a different story. I will agree the justice system is pretty dang screwy though!

Posted by: Joe Location: S.B. on Oct 8, 2008 at 08:34 AM
So you get 20 years for drugs and 8 for MURDER justice is so BLIND!

Posted by: Farley Location: Granger on Oct 8, 2008 at 08:14 AM
CAB, He could have been spending time with his kids on the night this low life drug user became a murderer.

Posted by: Bob on Oct 8, 2008 at 08:10 AM
If he would have been driving an SUV an drunk an ran the guy down he would have only gotten 2 years.

Posted by: H on Oct 8, 2008 at 07:36 AM
Hey CAB: "A little trouble"? I can say that I have never used or sold drugs and have certainly never been sentenced to 20 years in prison. That is not "a little trouble". If he felt so awful, he would have never violated his parole and would have been at home spending time with his children.

Posted by: CAB Location: Mishawaka on Oct 8, 2008 at 05:51 AM
I have know Josh for 16 years and I know he feels awful. He did not mean for this to happen. Maybe if I didn't know him I would be on the other side of the fence but he really is a good guy. So he got in a little trouble before, who hasn't. He doesn't deserve the death penalty and that is wrong for people to say, it is not like he stabbed or shot this Mr. Muddiman. He apologized and I believe he meant it. I am glad I know him and hope that he keeps it together while he is locked up and that he is released early to have some time with his kids.

Posted by: CBG Location: South Bend on Oct 8, 2008 at 01:38 AM
Give him the death penalty! He Doesn't deserve to be alive living off our hard paying tax dollars. He Killed an innocent person along with breaking his parole. Let him burn in hell.

Posted by: Walker Location: Mishawaka on Oct 7, 2008 at 11:02 PM
Josh, I am very proud to be your friend!

Posted by: GK Location: Elkhart on Oct 7, 2008 at 10:27 PM
Prison will give him a chance to try out some real tough guys.

Posted by: Mark on Oct 7, 2008 at 09:47 PM
Good for Judge Miller. he got all that he could get under the rules. I hope he's miserable.

Posted by: Good News Location: NOT on Oct 7, 2008 at 09:26 PM
It’s to bad that Kati gets to keep his life after taking someone else’s. I think he should be sentenced to DEATH. If you are a KILLER you should not be able to keep your own life.

Posted by: H on Oct 7, 2008 at 07:43 PM
Um does anybody see anything wrong with this "he served 2 years of a 20 year sentence"? What?!? How does that even happen? I guess the message is that one can do whatever he or she pleases ie. sell drugs, murder someone, and murder someone while driving intoxicated in Indiana and only expect to serve a very small fraction of their sentence. No wonder crime is out of control in IN!

Posted by: Anonymous on Oct 7, 2008 at 04:57 PM
wow, more time for drugs than MURDER

Posted by: Chaz Location: South Bend on Oct 7, 2008 at 04:52 PM
Before you guys start railing on the judge, please note, she sentenced him to the max under the law. "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." Don't like it? Call your state congressman and senator.

Posted by: TJ Location: LaPorte on Oct 7, 2008 at 02:51 PM
"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," said Maria Donaldson, a family friend of Joshua Kati. Oooohhhhh....he publicy apologized! OK - let him go. If you want a loaf of bread, you pay money for it. If you kill a man, you pay time for it. He'll have plenty of time over the next 28 years to think about exactly how sorry he is. The funny thing is though that kid has been a class A screw up since his days at Riley - having cops chasing him down. Now 10 years later he is still in trouble and killing people. Who really thinks he's going to learn anything - no matter how much time he spends in prison? Seriously.

Posted by: Roman Location: South Bend on Oct 7, 2008 at 02:07 PM
To Ms. Donaldson... He apologiized??? Well tell us how was it "meant to happen"? Kati intentionally assualted someone that resulted in death. He got a very light sentence for killing a man. One less worthless thug off South Bend's streets... He clearly has no respect for the law or anything else. Save your crying for the family of the victim. No one is interested in your excuses or Kati's apologies.

Posted by: R Location: SB on Oct 7, 2008 at 12:25 PM
That is B.S. He killed a man for doing his job. He needs life in prison. Hopefully he"ll meet his maker within 26 years.

Posted by: Anonymous on Oct 7, 2008 at 12:11 PM
The system is broken! James Muddiman could easily had 17 years of life if he lived to be 80. In punishment under our supposed system of justice Joshua Kati a convicted drug user get 8 years (out in 4 to murder again)to repay society for murdering an inocent man trying to earn a living. Flush the plea agreements when is the law abiding citizen going to see any real justice in this county.


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