Orta faces murder charge for weekend accident
Orta faces murder charge for weekend accident Save Email Print
Posted: 7:06 PM Nov 3, 2008
Last Updated: 12:22 PM Nov 4, 2008
Reporter: Ryan Famuliner
Email Address: ryan.famuliner@wndu.com

A | A | A

We now have more information on the accident that caused the death of a Roseland Town Marshal.

Craig Toner was killed in a head-on collision this weekend, which police say was caused by a driver on drugs.

Police now believe 26-year-old Alexander Orta was under the influence of cocaine when the accident occurred, not drunk as was originally reported. However, toxicology reports are still pending.

While Orta was originally arrested on just two felony counts, he has now been formally charged with three. This time, the list includes murder.

Toner's body was escorted to the funeral home Monday afternoon through the town of Roseland, which is still stunned.

“When I got that phone call I was in shock and couldn't believe it. I dropped to the ground and started crying,” said Kelly Covey, a friend of Toner’s who visited his memorial in Roseland Monday afternoon.

Finding out the details of what happened when Toner rode his motorcycle through the intersection of Ironwood Dr. and Rockne Dr. Saturday afternoon, made it all the more painful.

“[Orta] hit him, Toner landed on the hood of his car, rolled off. The guy got out, looked around the scene, and then drove over [Toner]. Even if he was drunk I’m sure you’re aware of what's going on,” Covey said.

“It's inhuman, you know. It’s hard to believe that anyone could be as callous as that,” said Stanley J. Fleece, who also visited the memorial site Monday.

“I really think [Orta] should be put away for life, after not staying there and fleeing the scene,” said Daniel Woofter, another friend of Toner’s.

The prosecutor's office must have agreed, because Orta has been handed the murder charge.

They say the second impact happened with the knowledge that it could result in Toner's death, which makes it different from other cases of its kind.

Meanwhile, friends realize that no sentence will make up for the loss.

“I think it would make Toner happy if you remember the good things about him instead of what happened to him,” Covey said.

“The Roseland Police Department's had a hard time you know, and Craig was really a motivational force,” said Gene Woofer, Daniel’s father.

“We only pray that he continues to protect and serve in heaven as he has on earth,” Fleece said.

In the probable cause papers WNDU received late Monday afternoon, police say according to witnesses, Toner was alive and speaking after the original accident. The report says people were helping him, while Orta was standing outside the car.

They say Orta then got back in the car and drove over Toner, while others jumped out of the way to avoid being hit, and yelled for him to stop.

Witnesses say Toner was much more severely injured after he was run over the second time.

His cause of death was massive trauma to the chest, and the autopsy report says that happened when Toner was run over the second time.

To view the complete report, follow the link above. (NOTE: the material is graphic).

As we previously reported, Orta had a significant record of arrests. His complete arrest record is listed below.


3-28-2000 Theft, Criminal Mischief (Felony) He was 17 years-old.
3-01-2001 Warrant for the above charges
6-27-2001 Warrant for the above charges again
7-01-2002 Minor consuming, Battery, Resisting Arrest, Visiting a
Common Nuisance, False Informing
9-17-2002 Warrant for above charges
2-26-2003 Vehicle Assault, Resisting Arrest By Flight, Warrant for
failure to appear
5-07-2003 Probate Attachment (Child Support)
6-13-2003 Probate Attachment (Weekend Sentence)
6-20-2003 Probate Attachment (Weekend Sentence)
6-30-2008 Warrant for failure to appear
11-16-2003 Warrant for failure to appear
8-15-2004 Disorderly Conduct, Public Intoxication, Resisting
Arrest
10-19-2004 Warrants, released to East Race Community Corrections
9-9-2005 Warrant for failure to appear
12-9-2006 False Informing
6-12-2007 Warrant out of Allen County, Indiana
7-21-2007 Disorderly Conduct, Public Intoxication
9-19-2008 Battery, Warrant out of Allen County
11-01-2008 Pending Charges of DUI Causing a Death, Leaving the Scene of a Fatal Crash

More Stories
ATF agents raid the Warsaw home of a known white supremacist

Granger man turns hobby into business with D'Avella Family Winery

Update: Woman and children recovering after car crashes into store window

U93 kicks off annual Roofsit campaign to help prevent child abuse

Part of Cleveland Avenue closed in St. Joe

Man hospitalized after motorcycle accident

80-year-old Niles man shot, robbed at home; suspects arrested

Golfer Chris Smith and family still in shock over weekend accident

Post Your Comments
First Name:
Location:
Enter Comments: characters left
Email (optional):
By posting this comment I have read and agree to the Terms of Use and Privacy Policy:
You must agree to the Terms of Service to continue.
Read Comments
Comments are posted from viewers like you and do not always reflect the views of this station.
Posted by: Anonymous on Nov 19, 2008 at 11:31 PM
you people are looking at the charges like you know anything if you look deeper more than half of those got dropped, and to all you people trying to say he should die yal need to mind your own business you dont know alex and you dont know what kind of person he is all you know is what the tv tells you about him, if alex would have got killed by a police officer the whole story would be different you would be saying he had a bad past and didn't deserve to die and would be crying to his family saying your sorry, you weak people just need to mind your own business, i send my regards to the toner's family cuz he didn't deserve to die, but alex don't neither and if you have a problem with what i say bring it to the west

Posted by: dont worry about it Location: west side on Nov 19, 2008 at 11:21 PM
for all you stupid people that are trying to say that where was his family, and why didn't they stop him well they were with him before he got into the ACCIDENT, they tried to stop him, one cousin got the car door slammed on half his body trying to get the keys, but he was so intoxicated he had no idea what he was doin, i've got drunk with alex before and i know it makes him a different person, plus a person who has no recognition of what he is doin at the time and the next morning has no idea what happened the night before, i put out my sorrow for the toner's family cuz it shouldn't of happened, but leave his family out of it and he doesn't deserve to die he deserves rehab because the weight of toner's death is gonna torture him for the rest of his life, he's gonna live in regret forever, so if you dont know toner or alex, keep your comments to yourself and dont worry about it. if you dont like it come see i'll be on the west

Posted by: Anonymous on Nov 9, 2008 at 10:50 PM
No one can control facts. Statistics show that the majority of crimes are not committed by whites. Sorry if facts= racism.

Posted by: Anonymous on Nov 8, 2008 at 11:38 PM
What has happend is a habitual offender has killed a person, Thats the fact. Race was not an issue. Was the white honda going after the black motocycle? I dont think thats how it worked out. Get over the race issue. Orta hit a person, than ran that person over, all of this while under a controled substance (cocaine) and possibly under the affects of alcohol. He ran, then got into another accident. Put him away for a long time. Dont defend or support Orta. He made his decision, let him pay for his actions, just like anyone else in the same boat would have to.

Posted by: danny on Nov 8, 2008 at 01:35 PM
nice to no that racism is alive and well in south bend....... you have to be of another color than white to really feel the racism everyday in our beloved south bend.. i am a hispanic in s.b. and was born here by bthe way and no first hand

Posted by: Anonymous on Nov 8, 2008 at 11:02 AM
Well Slade.. I am sorry we do not live in a world of time machines but the votes of last tuesday could not possibly change the outcome of this story you are commenting on. That makes no sense and as well as others I did vote that way but obviously not enough people did. But your comment is irrelevant because yea.. it couldn't change this guys fate. It is the judges fault all the way for sure.

Posted by: Jay Location: SB on Nov 8, 2008 at 10:54 AM
Slade, the bad part was the three up for retention were the three best we have. Frese and Chamblee need to go but they were no up (yet).

Posted by: Slade Location: Mishawaka on Nov 8, 2008 at 04:23 AM
You stupid people had your chance to do something about this and you choose last Tuesday to remain the same. You have to just blame yourself if things like this continue to happen. What you should have done last Tuesday was to vote "NO" to retain the judges in the county. Send the judges a message that you don't want these kind of people back on the streets. You all voted "YES" to retain these judges who let these criminals out of jail. So prepare to bury more of your family members and don't blame the police. Its the judges who let these criminals back on the streets.

Posted by: resident Location: South Bend on Nov 7, 2008 at 06:02 PM
To Orta's family- I respect that you apologized for Alex's actions at the courthouse. I'm sure it's difficult to hear all that is being said about a family member you love, but you must realize that it's merely anger being shown for Alex's actions, which most every human being finds incomprehensible. Alex is clearly a troubled man who not only has made bad choices determining his own fate, but the unfortunate fate of another man, father, son. People are expressing their anger because he so callously took another mans life. They get even more angry when comments are posted by friends and relatives of Alex that seem to imply it wasn't all his fault, or post ridiculous excuses for his actions. No valid or intelligent excuse exists. They are the ones who are causing the additional uproar from the public. They are the ones giving the public a bad impression of your family. They are not supporting Alex or your family, they are making you look as pathetic as their comments are. It's a shame.

Posted by: Lilly Location: West Side on Nov 7, 2008 at 04:02 PM
For the family and friends of Alex calling white people racists. I am white, live on the west and know Alex. Some of the people on this site are just expressing themselves. They may not be constructive arguments or even nice, but it is their right. It does not make them racist. My thoughts and prayers go out to both the TONER and ORTA famalies. God Bless.

Posted by: Anonymous on Nov 7, 2008 at 01:52 PM
.. oh most of the cops are crooked because they arrest your friends and family? No.. that means they are doing their job. Sadly the judges let these wastes of space and oxygen out!

Posted by: Anonymous on Nov 7, 2008 at 07:40 AM
oh wow "we got this".. you sound very educated. Hey maybe you can work on your grammar and your English while you write Orta when he is away for many years.

Posted by: Anonymous on Nov 6, 2008 at 09:02 PM
We can pull stories from websites all day long.. I was saying it didn't happen here. Let's look at how many more stories there are of losers like Orta doing the same thing. Career drugged up criminals killing innocent people. You are as ignorant as him and the next one to do it. Thankfully he will be put away. That's satisfaction. Have fun writing him.

Posted by: We Got This!! Location: Lil_Mex on Nov 6, 2008 at 04:52 PM
Really do you think he will be shot on the West Side Corner. Lol Did you not know we live this side. Your stupid, you don't know much and thats funny. Just cause he was a damn cop, who cares most of them are crooked anyway. Lets see if you can last on a corner of the West Side, you dont like that comment do you?? Neither do we, so shut up!!

Posted by: Melissa Location: South Bend on Nov 6, 2008 at 02:10 PM
My heart goes out to the Toner family as well as the Orta family. I would just like to say that what Alex did should reflect on him, not his family. And for the people who believe that the color of your skin determines if your legally here or not is STUPID!!!!! And why blame his family for his actions? His family did not drive that SUV so why punish them? Again I am sorry for the family who lost their loved one,but to the Orta's, You still have people who care about you guys as well and do not hold you responsible for his actions.

Posted by: Informed Location: Hey Flabbergasted on Nov 6, 2008 at 12:59 PM
You are right. The Judges DO have limits to their sentences. You are absolutely right about that. The problem is, the St. Joseph County Judges DON'T ever use the maximum sentences. 90% of the time they hand out the minimum sentence for the crime that was already plead DOWN to. Look it up! Hello! Anybody over THERE?! You're making a fool of yourself with your self proclaimed expertise to 5th grade civics! Try educating yourself to AT LEAST 8th grade and you might start getting a clue. That's why ELECTING Judges is the only answer and those Judges comfy in their positions don't want to hear anything about elections for their jobs and they'll give you ANY flimsy excuse in the world why they shouldn't, all the while sending dangerous animals right back onto YOUR block and YOUR front yard putting you, me and our families in danger!

Posted by: Random Person on Nov 6, 2008 at 11:40 AM
If you don't believe that a cop drove drunk and also killed somebody there are numerous reports of it, despite it not happening in this area. There is still the potential for it to happen! http://stopthemaddness.org/cached1/20060087.html look here and read what this cop did, and how he ended the lives of two teenagers and seriously injured two others!!

Posted by: ??? Location: South Bend on Nov 6, 2008 at 11:36 AM
I think it is stupid that you don't believe that by just killing him that it would be a greater punishment. What lesson would he essentially learn from this? Killing him wouldn't get the message of what he did across to him. Maybe to other people in the country but not to himself. I'm not entirely sure why we must exchange one life for another, it was wrong that he hit and ran. But there isn't anything that will replace the officers life. Is taking anothers life really going to compensate for that? Making him sit and think about how he murdered someone in cold blood would be better because he would have to think of that every day for the rest of his life. He would be haunted by the thought and would have to deal with it while rotting in jail if anything.

Posted by: Alan Location: Elkhart on Nov 6, 2008 at 10:33 AM
Orta is a sociopath and needs to be removed form the gene pool permanently.

Posted by: ron on Nov 6, 2008 at 09:25 AM
I can`t believe the comments!just put the guy in rehab and when he gets out put a anklet on him and toss him in with the fishies.....

Posted by: kris Location: walkerton on Nov 6, 2008 at 08:59 AM
ok......First of all regardless of this being his 19th offense or his first,he intentionally ran Craig over after the intial"accident".With that being said,how can anyone defend his actions,drugged up,drunk,or whatever!!!Where was his concerned family/friends when he decided to get behind the wheel of a car?Let's not turn this tragedy into a huge debate,he killed a human being (on purpose).Please remember the REAL victim here,and pray for swift justice.

Posted by: I know on Nov 6, 2008 at 08:16 AM
To ??? on 11/5-10:41-are you kidding me? No death penalty? He has no remorse for what he did! And to his "friends" are you sure about this being the 1st time & would never hurt anyone? Hmmm....doesn't he have another felony for the same thing?

Posted by: Anonymous on Nov 6, 2008 at 07:50 AM
It doesn't matter what Orta's friends and family try to come on here and say. Their sticking up for such a loser is pathetic and will do no good. He will get lotsa time and maybe life. Regardless of who it was this idiot was on drugs and killed someone. Thanks for proving the point more because that is all the more reason it should be a murder charge. And when did an officer around here kill someone when they were drunk? That just doesn't sound familiar.. because it didn't happen here. I am sure this is probably the 1st time you have read the news or used the internet since now one of your homies is famous on here. But get your facts straight because you sound stupid.

Posted by: mialynneb Location: Indianapolis on Nov 6, 2008 at 07:11 AM
My heart goes out to Officer Toner's family. This was senseless and horrific. To the anonymous people shouting about stopping Orta - how do you stop a person in an SUV? How? Stop making excuses, please. You are just rubbing salt into the wounds of everyone involved.

Posted by: ??? Location: South Bend on Nov 5, 2008 at 10:41 PM
This issue is getting out of control because it is an officer he killed. What about the officer who killed a person because he was drunk. I'm not saying what Orta did is right. I think there should be no death penalty at all. Having someone serve their sentence is harsher on the person, then killing him. By killing him it will only make his family suffer not him. There are many other people out with worst crimes and what is being done about them? It was his fault and the law enforcement we have. Everyone plays a role in this. What about the people at were out there? Instead of trying to help him they should have stopped Orta.

Posted by: Anonymous on Nov 5, 2008 at 10:02 PM
yea ...anon on november 5th... you should be happy. I think you have accomplished posting the most ignorant comment ever on wndu. In grammar and just in general. You must be joking... noone can be that stupid. Go back to school loser.

Posted by: In answer to his supporters on Nov 5, 2008 at 07:33 PM
Why wouldn't I stop him? Because he was wasted, had the appearance of a thug, and might have been carrying a loaded weapon. To Whatever - your little skanky attitude and blatant stupidity is obvious. I don't know how someone gets "run overed". Is that a legitimate phrase in the dictionary for drop outs? It is a crime in itself that none of you can even comprehend that what he did was wrong. Typical of the decline of values and morals that are common throughout the thug community.

Posted by: Sarah Location: South Bend on Nov 5, 2008 at 03:06 PM
flabbergasated, the Judges are responsible for weak sentences! They have to sentence within the guidelines that are set forth in the Indiana Code. They do not have to accept these weak plea agreements! They have the ability to reject plea agreements and say that more time is needed as long as it fits into the guidlines in the code. And what about Consecutive sentences for each count?

Posted by: MICHAEL MACRI Location: SOUTH BEND on Nov 5, 2008 at 02:20 PM
To wrong place wrong time. I nearly went cross eyed reading your post. I agree wrong place wrong time but the rest your post you can stick up your @##!!!!! This could had been my wife my sister or one of my other loved ones. For you to say he should had got out of the way is moronic. Maybe you should find a way to get out of your own way before opening your mouth.

Posted by: to flabbergasted Location: SHUT UP on Nov 5, 2008 at 11:59 AM
So flabbergasted, are you implying that battery, assault, DUI, and Causing Death are NOT laws on the books? And you call US idiots? Shut up- you are ignorant and you just lowered our IQ's. "Hello? Anybody Home?" Pompous AND ignorant- you are probably related to Orta.

Posted by: Anonymous on Nov 5, 2008 at 11:48 AM
wrong place wrong time.. i wish you knew how stupid you sound. Maybe he shouldn't have been in his way well maybe alex should have stayed out of his car and not drove him over and drove away but of course his stupid ass would get back in the car as soon as he heard he hit a cop!! R.I.P CRAIG!!

Posted by: jim Location: sb on Nov 5, 2008 at 11:39 AM
Doesnt matter ---with the judges around here---Orta will be back on the streets in 30 yrs...slap his wrist

Posted by: What???? on Nov 5, 2008 at 10:20 AM
"i think this guy shoulnt have been in alexs way"...OMG! I really don't think I have ever read a more stupid, ignorant staement. Set aside the fact English, grammar and punctuation is obviously lacking in your "education". The very low mentality of the people sticking up for this scum bag shows the type of people you are. To think the Marshal devoted most of his life to serve and protect people like you. It's a wonder these men and women of Law Enforcement show up for work every day. <

Posted by: wrong place wrong time Location: south bend on Nov 5, 2008 at 09:23 AM
you know what i think i think this guy shoulnt have been in alexs way and this wouldnt have happened and if there were so many "witnesses" why didnt someone stop him from getting back into the car shows how much they wanted him not to leave

Posted by: Anonymous on Nov 5, 2008 at 09:04 AM
osted by: K Location: South Bend on Nov 3, 2008 at 07:56 PM I would love to see Orta overdose on that precious cocaine YOU DONT KNOW THIS GUY SO YOU GUYS COULD TALK ABOUT HIM LIKE THAT.....LET THE LAW TAKE OVER IT AND FIGURE OUT HIS PUNISHMENT...MEGAN YOU HAVE NO RIGHT AS WELL AS THE REST TO JUDGE SOMEONE....HE WAS DRUGED OUT, EVERYBODY MAKE MISTAKES. JUST BECAUSE HE WAS DRUG OUT DESNT MEAN THAT HE'S IS NOT A GARBAGE TRASH AND SO ON...YOU GUYS SHOULD RAN YOURSELF OVER, AND WATCH YOUR MOUTH...

Posted by: flabbergasted on Nov 5, 2008 at 08:59 AM
The Judges are not to blame. They can only enforce the laws on the books. Remember in 5th grade when we learned the civics lesson about the 3 branches of government. The legislators make the laws. Not the Judges. Are you gettin' that? Hello? Anybody home? To change the laws, the people have to petition the legislators (not just the banks, the ceo's and the other politicians). I have an idea for a law; you can't call yourself an American, a patriot, if you don't even understand that much about our system.

Posted by: Anonymous on Nov 5, 2008 at 08:51 AM
i.q. of s.b.- clearly yours is exceptionaly low.

Posted by: mike Location: st.joseph county on Nov 5, 2008 at 12:55 AM
may this piece of garbage coward a lifelong loser get the maximum punishment allowable by law! my thoughts and prayers go out to the toner family and all law enforcement officers who protect us daily. god bless you all

Posted by: Anonymous on Nov 4, 2008 at 10:18 PM
SO sad for Toner's family. Orta's record is an example to all of the cop haters and trash talkers. A reason why crime can not be prevented. They arrested him repeatedly and no action was taken by the judgees. The judges are to blame. This poor man lost his life by someone that should not have been on the streets. I pray for the family.

Posted by: Megan Location: SB on Nov 4, 2008 at 10:07 PM
Let's all look him in the face and then run him over! I pray for Toner's family and friends as well as Orta's family and the shame they have to live with now!

Posted by: Cole on Nov 4, 2008 at 08:41 PM
What a turd. Is he from St. Joseph County? Nice record. He should not be able to breathe. Someone should have ran him over.

Posted by: Informed on Nov 4, 2008 at 08:33 PM
Renee, you can't "vote" the judges out because they are APPOINTED by the Mayor. We are 1 of only 2 counties out of 90 that appoints judges in the State. Guess who the only other county is, it's the second worst county in Indiana, Lake County. THAT is the problem. Judges have noone to answer to and does not need to be hard on crime. They don't care about you or me, they can judge how they feel like judging without answering to you, the PUBLIC which he's supposed to be protecting! Look up Judge Chamblee's plea deals if you really want to get ticked off! His courtroom is a revolving door for criminals! The judges here need to be ELECTED! Until then, the criminals will be laughing in your face knowing these spineless, bleeding heart judges will hug-a-thug and let them right back out. Orta's cases have been "DISMISSED" at least 4 times.

Posted by: Anonymous on Nov 4, 2008 at 07:34 PM
Regarding the accident in the parking lot at Main Street Pub...I also heard that he hit a car in the parking lot there and ran...I also heard he had tried to get served at Main St and the denied him serves due to the fact that he was wasted...so he left the parking lot pissed off and hit the car and then down the road hit officer Toner. How many more chances is this A whole going to get...its time he pays...RIP Craig you will be greatly missed...

Posted by: WHAT EVER on Nov 4, 2008 at 06:47 PM
SO, DID HE STOP WORKING IN MISHAWAKA? I HEARD IT WAS BECAUSE OF DUI'S?????HUMMMM??? I HOPE SOMEONE ALL OF YOU LOVE DOES SOMETHINK UNTHINKABLE, AND SEE HOW YOU FEEL! NO MATTR WHAT SOMEONE YOU LOVE DOES, YOU WILL LOVE THEM ANY WAY. ALL OF EVERYONE'S REMARKS WILL NOT SWAY US FROM SUPPORTING THE ONES WE LOVE. AND TO THE DIP WHO WENT TO SCOOL WITH HIM,YOU WOULD'T SAY SHIT TO OUR FACE YOU BASTARD! MAYBE YOU WILL GET RUN OVERED.HUMMM?? CAN I WATCH. DIP WAD!!! HOW DOES IT SOUND WHEN IT'S TOWARD YOU!

Posted by: resident Location: South Bend on Nov 4, 2008 at 06:41 PM
Did anyone else hear, or can anyone verify, that Orta had just left Main Street Pub, hit a car in the parking lot (and left the scene of that accident) just before traveling a short distance down Ironwood and hitting Officer Toner? I haven't seen it reported anywhere, but apparently some patrons who were at Main Street said that's what occurred. If correct, it sounds like Orta may have been running from one crime when he committed this (possibly second) deadly crime. To me, it would also be a crime that others had allowed him to drink and then drive, while obviously under the influence. (Glad that's not on my conscience!) Orta's luck has finally run out, but it saddens me that it came as a result of him inflicting the most unfortunate luck upon another human being. My very deepest sympathies to the family and friends of Officer Toner.

Posted by: Dale Location: Goshen on Nov 4, 2008 at 06:38 PM
I really think someone needs too organize a march too let our public officials know we will not except a plea bargin in this case . I for one would like too see my tax dollars work and make sure this scum is never allowed too hurt anyones family and community again like he has . May God watch over Mr. Toners family till the day they walk hand in hand in heaven .

Posted by: Susan on Nov 4, 2008 at 05:23 PM
It's bad enough that he hit this poor man in the first place, but then to get out, look at him, and then run him over. It sounds like he would have survived the initial accident, but then to be run over. His poor brother, to have to watch that occur. This scum bag needs to be on death row. California has a 3 strikes law. If that were in place here, he wouldn't have been out to commit this heinous crime. His record is a matter of public record, isn't it? Prayers to the Toner family! orta, may you rot. You're scum on the face of the earth!

Posted by: FFEMTOPY Location: Elkhart on Nov 4, 2008 at 04:51 PM
Eye for an eye.

Posted by: Sarah Location: South Bend on Nov 4, 2008 at 04:25 PM
What a scum bag! He was given so many breaks in the past by the Prosecution/Courts. If you look at his prior record you can see he was put on East Race CC (home detention)in 2004. He had several Failure to appears prior to that! Why would a Judge give him Home Detention knowing that he has a history of skipping out on Court dates? Hmmm...Do you think he's gonna do good on Home Detention? Just another example of the Prosecutor and the Judge babying criminals with watered down plea agreements! No breaks, he deserves the maximum penatly!!!

Posted by: UnlistedWhich Location: South Bend on Nov 4, 2008 at 04:14 PM
What Alex did was wrong and he should be punished for it. Which i'm sure he will be. But i would like to know why is his record on line? Is it because this guy was a cop. Would it of been there if this guy was a joe smoe i don't think so. I would like WNDU to post everyones records on line from now on just to see all the rest of the scum out there not just one. And that includes the officers that get arrested for drunk driving. And fro beating their wifes as well .

Posted by: average IQ of S.B. = 95 on Nov 4, 2008 at 03:47 PM
The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books. Only two year olds don't hear you when you don't have the money for that candy bar. Only two year olds don't hear you when you say you don't have the money for that candy bar. Only two year olds don't hear you when you say you don't have the money for that candy bar. Only two year olds don't hear you when you say you don't have the money for that candy bar. If you're not two years old; listen carefuly - The Judges can only enforce the laws on the books. Hello? Anybody home? The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books. The Judges can only enforce the laws on the books.

Posted by: sbwelsh Location: South Bend on Nov 4, 2008 at 03:44 PM
Fry this thug until he is crispy!

Posted by: sbwelsh Location: South Bend on Nov 4, 2008 at 03:34 PM
Accident? This was no accident! Orta did this on purpose!

Posted by: Mike Location: South Bend on Nov 4, 2008 at 03:32 PM
I'm sure that will be his excuse. He will blame everything on the drugs. The orta family is well known for there criminal life. orta was also a gang banging wanna be thug. We are tired of people like him doing what they want. I hope he never sees life outside of a cell again.

Posted by: al Location: south bend on Nov 4, 2008 at 03:26 PM
Did it occur to anyone else reading the report that the MINUTE orta heard the words "you just hit a cop," he got back in his vehicle and purposely ran Toner down? And that his previous arrests included assault on police officers??? Sounds like murder of a law enforcement officer, to me, even though Toner was off-duty ... I would wish for the death penalty, but I think that's too much the easy way out for this POS. I'd rather see him rot in prison for life. May you rest in peace, Marshal Toner

Posted by: Denise Location: Goshen on Nov 4, 2008 at 03:03 PM
I'm waiting for him to say, oh I made some bad choices by doing drugs. The drugs made me do it. Well, isn't that a choice? When are these people going to be held accountable for their actions? And now we get to pay for him for the rest of his life. And did I read somewhere that he acutally bread? I pray the child does not follow in daddys footsteps!

Posted by: Kay Location: Niles on Nov 4, 2008 at 02:36 PM
Still nothing from the media on which judges let this killer out of jail the 19 previous times.

Posted by: Renee on Nov 4, 2008 at 02:36 PM
Another reason to vote the judges OUT! They end up with big heads and no brains.

Posted by: Linda Location: Granger on Nov 4, 2008 at 02:15 PM
I am amazed that this scum bag was out walking around in society. They need to put him in prison for the rest of his rotten life.

Posted by: tracy Location: southbend on Nov 4, 2008 at 01:23 PM
prayers for the toner's family ! he needs to be taken out to the scene have the same thing he did to the officer get done to him. oh , wait ! is he going to get away with it like all those ungrateful jerks espinoza's that got away with paying someone to kill me or trying to hurt my family!

Posted by: J on Nov 4, 2008 at 01:13 PM
There is no rehabilitating some. He had 19 arrest and never learned from any of them. This is the kind of person we should not have on our streets since he does not care about another humans life. He had too many chances. He should have had three strikes and he is out.

Posted by: pattie Location: south bend on Nov 4, 2008 at 01:03 PM
as many times as he has been arrested i would figure he should of already of been locked up as a habitual offender???????? Opps, forgot we live in south bend, judges do not want to tie up our jail, but yet he will now sit in prison and tie up the taxpayers money serving out his sentence, oh but wait,we live in south bend i'm sure the judges will also make sure he is out for good behavior. what a system, put him on a motorcycle let someone run him over and over and i'm sure there will be no witnesses and this will be the end of him ever doing something like this again or one of his many other crimes he commits. To the Toner family, nothing could possible ease the pain and hurt and anger you must be feeling. The community supports you and pray for you as you begin a long road of recovery yourself from such a senseless act of crime. Orta could rot in prison, but even that would be to good for him. He is what people say a menance to society.

Posted by: South Bend Location: working class on Nov 4, 2008 at 12:53 PM
this ORTA kid has always been no good!! not once has anyone mentioned his parents and his upbringing!! where were they when he was being raised obviously not doing the right thing!! As for his friends, Fat J and T-bird, what will you do NOW you guys to should rot in HELL!!

Posted by: Pam Location: South Bend on Nov 4, 2008 at 12:40 PM
Lets put this POS in the middle of Ironwood, lay him on his back, then run over him full speed with an SUV. If once doesn't do it, keep running over him until he's gone for good. Why spend more tax money on a trial and jail time. These low life people always talk about respect and someone "disrespecting" them. Let's show them the same respect they show their victims! And his friend's and family are posting stating what a great guy he is. You should be ashamed to even admit you know him! What a tragedy this is. Let's just hope that our judges use some common sense THIS time in sentencing. It would be nice to see what judges presided over his prior arrests, and make sure none of them are on this case. This type of record for our judges makes me embarassed to live in St. Joe County. I bet it would be different if the victim was a relative of one of them.

Posted by: Unbelivable!! Location: South Bend on Nov 4, 2008 at 12:24 PM
I have just read all the comments associated with this story. I cannot believe some of what I have read! Some idiot out there has the gall to bring up Toner's record. Are you serious?! The man was killed!! Who cares what indescretions Toner has had in the past, no one is perfect. Orta has had 19 different ARREST charges - obviously, rehabilitation is not an option and is not working. We need to get serious about the punishment of criminals. I have known Toner for several years, and, yes, he made mistakes - who hasn't. He was a wonderful, caring, funny, and compasionate officer and friend. He will be missed terribly!

Posted by: west end Location: sb on Nov 4, 2008 at 12:04 PM
Stand him on a west side corner, someone will shot him!

Posted by: andrea Location: elkhart on Nov 4, 2008 at 11:54 AM
if anything ever called for the Death Penality this is it... But St Joe county will not do this. It cost to much money to try a Dealth Penality case.

Posted by: Mad Dog Location: Mish on Nov 4, 2008 at 11:10 AM
So when will he be out on bail! Let me know so I can look him up. It would make my day to run into him (with my SUV). What a piece of crap!

Posted by: rick Location: south bend on Nov 4, 2008 at 10:56 AM
My prayers go out to the Toner family. The comunity has lost a great person and officer. ORTA......I hope that YOU rot in prison or better yet get the death penalty.

Posted by: john on Nov 4, 2008 at 10:55 AM
can anybody say electric chair

Posted by: unlisted Location: Indiana on Nov 4, 2008 at 10:38 AM
I have a few questions and I am sure some will say I am prejudice, but, here it goes, is Orta legally here?? If not, why is it taking a death to deport him? He should have been gone long ago if he was in and out of the legal system so much. If he is legal, then I apologize, but not really, as I am only questioning,not accusing. Either way, he should receive the death penalty.

Posted by: Anonymous on Nov 4, 2008 at 10:28 AM
Bob let me correct you. Sadly he will be a celebrity in prison for killing a cop. Too bad the judges in SB are so easy on scum like this. My heart goes out to family and friends of this officer.

Posted by: Judges on Nov 4, 2008 at 10:27 AM
When are we goign to start charging judges for making bad decisions. This guy should have been given the death penalty a long time ago. They need to lower the standards for the dealth penalty. It should not just be used for murder but to permanantly remove someone from society. Life in prison does not make sense. It is would have been up to me, he would have had the dealth penalty applied somewhere in 2004.

Posted by: So Sorry on Nov 4, 2008 at 09:57 AM
My heart goes out to the Toner Family. My mother-in-law was killed on the by pass a few years ago, and it's sad that nothing happened to the person who hit her. She was knocked of her bike by some woman and then hit by the womans boyfriend who was riding behind her. He had no license, left the scene of the accident instead of helping her out of the road, and his girlfriend lied to the police to cover him while she laid in the middle of the bypass being run over multiple times. I hope this guy gets all that's coming to him. It's much harder to deal with when the person who killed your family member gets away with it. So sorry for your loss!

Posted by: dave Location: goshen on Nov 4, 2008 at 09:45 AM
This is a perfect example of why there should be a death penalty. In this case, the sooner the better. Not in 20 years.

Posted by: Anonymous on Nov 4, 2008 at 09:33 AM
Now as tax payers will get to spend 100's of thousands, if not millions to arrest, convict, and sentence this animal. I say lead him out back of the courtroom after the trial and put a bullet in his head. That's the ONLY thing that will clear Orta's conscience!

Posted by: shoppy on Nov 4, 2008 at 09:31 AM
Not to worry! Our local judges are soft on crime. You have only had 19 arrest. They will ,plea bargin, sentance you give you probation and you can go commit more crime in South Bend

Posted by: Bob Location: SB on Nov 4, 2008 at 09:22 AM
This scum won't last long in prison, cop killers seldom do. What a worthless POS.

Posted by: ts on Nov 4, 2008 at 08:45 AM
the sad part about this guy is he is going to cost taxpayers $38k a year for at least 30yrs. if he was a dog (which he is not good enough to be called) we would put him asleep!!!

Posted by: kris Location: walkerton on Nov 4, 2008 at 08:40 AM
My deepest sympathy goes to the Toner family and his police family.My parents served along side him at the Mishawaka Police Dept. and I have known him since I was young.This tragedy could have and should have been avoided by simply taking the trash off the streets a long time ago.God speed Craig,you will be deeply missed.

Posted by: Concerned Citizen Location: Michiana on Nov 4, 2008 at 08:39 AM
It's too bad that a good person and family man like Officer Craig Toner had to pass from the reckless, foolish and uncaring doings of such a lowlife, street scum, pathetic idiot like orta.(I'm not even capitalizing this thing's name cause it's not even worth that) It's just as pathetic that there are actually people on here that know this slimeball and are defending him and his actions. I just wonder what would they have done if this had happened to a member of their family?? This waste of the air we breathe should be given the death penalty and sentenced to die in the same way Officer Toner was forced to pass away and allow his family and friends stand, watch and try to help before he is run over to his death!

Posted by: Total Disgusted Location: South Bend on Nov 4, 2008 at 08:30 AM
Toxicology reports racist? This person (and I use the term loosely) killed someone.Use of the "race card" every time there is a crime is getting tiresome. This guy is a repeat offender! So does the fact that someone feels the investigation is "racist" make murder okay. I am disgusted with all humans at this point. Do the crime, pay the time.

Posted by: Anonymous Location: South Bend on Nov 4, 2008 at 08:27 AM
The poor angry judge, with sentencing like these the idiots committing the crimes just laugh. What a real angry judge should do is HANG THE MURDEROUS SCUM on a tree in the front of court house. This would then solve the problem!!

Posted by: Death to Orta Location: SB on Nov 4, 2008 at 08:04 AM
Craig was an outstanding individual whom I have had the pleasure of knowing. This dirt ball, Orta, should be sentenced to death! As his record shows, he is nothing but low life.

Posted by: L Location: Elkhart on Nov 4, 2008 at 07:20 AM
Really-what does Toners record have to do with this? NOTHING!!!!! U must be friends with Orta. If Orta had been PUNISHED for his other crimes, there is a chance this MIGHT not have happened. Toner did not break the law at all OR KILL someone. He hit him, it appears from the reports that Toner would recover, but then Orta got back into his vehicle, RAN HIM OVER, and that killed Toner. So PLEASE tell me, what does Toners record-if any-have to do with his untimely death? Let me answer that for you-NOTHING!!! To the Toner family-I am so sorry for you loss. May time heal your pain. RIP Toner. ROT IN JAIL ORTA!!!!! Actually thats to good of a place for you to be.

Posted by: Anon Location: Here on Nov 4, 2008 at 07:18 AM
Cocaine? "But he is such a nice guy and would never hurt anyone." I guess toxicology reports must be racist too, huh? To the famiy of Mr. Toner- I am truly sorry for your loss. Hopefully you find peace in the fact that Mr. Toner is preventing this monster from hurting someone else, as he should be going away for life. I pray for you, and I pray I get on the jury!

Posted by: me Location: mishawaka on Nov 4, 2008 at 07:17 AM
hey "really", does it make you feel good to talk badly or infer indifferently about a deceased man? what does his record have to do with ANYTHING?! it doesn't matter if he had a record a mile long, does any human being deserve to suffer and to die like this man did? how dare you write something so insensitive. You are a very stupid person.

Posted by: Well on Nov 4, 2008 at 07:17 AM
I just clicked on the link this site has provided, (NOTE: the material is graphic) and sincerely wish I hadn't. At first, he was okay. OMG. I wish the injuries shown in the picture of Orta were not caused by him hitting a tree or whatever the hell he hit. I'm not making any sense. Sorry. I really don't think I have ever been more angry or more upset in my life.

Posted by: C Location: Elkhart on Nov 4, 2008 at 07:16 AM
Lock him up forever? I beleive there were enough witnesses to this crime to move right past this. I say we don't waste my tax money and just take him out of the gene pool permanently! That's most of what's wrong with this country, No accountability for your stupidity! aybe if people were actuaaly afraid of what may happen to them for commiting a crime they would think twice. We have way too many bleeding hearts in this country who need to quit whining for people like this and punish them the way they should be!

Posted by: Chad Location: St Joe County on Nov 4, 2008 at 07:03 AM
Ah yes and we should not vote for our judges because they keep thugs on the street to give them repeat customers!!

Posted by: conrad Location: south bend on Nov 4, 2008 at 06:34 AM
I have a friend that saw the whole accident, and for anyone who says it was an accident is wrong. Yes the first hit was then Orta got out of his car, looked at toner on the ground, then got back into his car and RAN over him. THAT IS MURDER!!!! Plain and simple!

Posted by: GK Location: Elkhart on Nov 4, 2008 at 06:10 AM
Guilty your honor, and we the jury recommend the death penalty by firing squad.

Posted by: Anonymous on Nov 4, 2008 at 05:23 AM
The judges who released this killer should be prosecuted themselves and this guy hung off the telephone pole near the murder scene.God will sort him out after he is dead and send him where he belongs.

Posted by: Josh Location: Mishawaka on Nov 4, 2008 at 04:48 AM
Rest in peace Craig. You were a true friend of me and my father. Say hello to Tommy and Bryan for us. We in Mishawaka and in Roseland are gonna miss you dearly

Posted by: Tim Location: South Bend on Nov 4, 2008 at 03:35 AM
This guy's an animal and it is hard to believe he had some people defending him on here yesterday. This guy needs to be off the street for the rest of his life. It looks like the cocaine party's over for this dirtbag.

Posted by: Me Location: Mishawaka on Nov 4, 2008 at 03:17 AM
Hang this low life scum....And god help us with the judge we get to do this trial!!!!

Posted by: the problem Location: SB on Nov 4, 2008 at 02:09 AM
The problem resides in the worthless court system of indiana. Working at JJC for over 5yrs, I saw that it begins when they are young by only getting a slap on the wrist. Then when they are adults, they still only get a slap on the wrist. This is rediculous seeing that these criminals and pathetic people can do what they want, get locked up for a week or two and then right back to being michievious and harmful to others. RIP Toner! Thoughts and prayers to your family

Posted by: Jim Location: Indiana on Nov 4, 2008 at 01:25 AM
Common sense we all know too well is that when we get behind the wheel of a motor vehicle, we are responsible for our actions. This person obviosly did not know or care what he was doing. The laws of this great country protect us from people like this.At the young age of 26 you would think a person would have their act together by now. I don't beleive this man will ever change. All the public can hope for now is the law is carried out to the fullest extent.Our streets need to be safe. If action is not taken properly, this could happen to someone else.May God be with the Toner Family.

Posted by: Bob on Nov 4, 2008 at 01:16 AM
This guys a scum bag. Lock him up and throw away the key. Let him rot in 5 by 5 cell for the rest of his life.

Posted by: Bob Location: mishawaka on Nov 4, 2008 at 12:41 AM
I've known Craig for many years. All he ever wanted to do was be a Police Officer... to the uniform he brought pride, professionalism, and compassion. Thanks for all the great memories. We're gonna miss you buddy

Posted by: M Location: South Bend on Nov 4, 2008 at 12:24 AM
Orta deserves the death penalty. There is no reason to keep scum like him alive. He never should have been released after all that he has done in the past. I hope now the courts will think twice before they let scum like this out of jail.

Posted by: Jim Location: south bend on Nov 3, 2008 at 11:16 PM
I would like to know the Judges names in connection with letting this animal back on the street

Posted by: MIKE Location: GRANGER on Nov 3, 2008 at 11:15 PM
I was a Police Officer for years and we spent an enormous amount of time arresting and following up on people like Orta only to have Judges and courts let them go with a slap on the hand......or less. Until they do something like this. Perhaps punishing this type an offender earlier in their criminal career,this type of tragedy sometimes, just sometimes, could be avoided. This is so SAD.

Posted by: Chris Location: Argos on Nov 3, 2008 at 10:25 PM
And there are people saying that this guy deserves another chance? PLEASE. Run him over with an SUV.

Posted by: Anonymous on Nov 3, 2008 at 09:03 PM
this piece of crap should not have been let out of his cage, this is PROOF that our court system does not work. He'll prob just get a slap on the wrist for this too.

Posted by: Shelly on Nov 3, 2008 at 09:00 PM
so which lenient NON ELECTECD idiot judges let this guy out over and over again??? The media should be highlighting THAT

Posted by: U.S. Marine Location: Mishawaka on Nov 3, 2008 at 08:29 PM
WE NEED ELECTED JUDGES!!!! 19 arrests in 8 years!? This includes Felonies and fighting with Police! I've got sad news, this is NOT the only criminal out there like this. How many times do you have to arrest someone before they get numb to the system? Do you only put someone in jail if they kill someone? Look at Alex Milewski, who was just arrested for one of the South Bend shootings this week... He's been arrested numerous times before once for burglary. The only reason these men are getting any attention is because they MURDERED someone! Toner's horrible death could've and should've been avoided if Orta whould have been given harder sentences for his 19 other arrests. Toner, may you rest in peace, and your death not be in vain. May the Judical System wake up and not fail another innocent family by not letting hardend criminals back on the street!

Posted by: steve Location: plymouth on Nov 3, 2008 at 08:25 PM
give this dude the chair and let thefamily of the deceased pull the switch

Posted by: Anonymous on Nov 3, 2008 at 08:18 PM
I just read the report and his arrest record. I can't think of a better situation for the death penalty! It's a miracle he didn't kill someone else. I don't care how his friends and family feel! I'm so angry it makes my blood boil! This guy needs to be wiped off the face of the earth!

Posted by: Sarah Location: SB on Nov 3, 2008 at 08:04 PM
How sad to live your life with no regard or respect for others...a pitiful example of a human being. My thoughts and hearts are with the Toner family. May strength and love carry you through this time of grief.

Posted by: Michelle Location: Michigan on Nov 3, 2008 at 08:00 PM
Why did wndu have to put the complete report in this article. Are his family and friends not grieving enough butto have to read how he was killed is wrong. They will have to go through this nightmare when they have there day in court, they did not have to read about it online.

Posted by: K Location: South Bend on Nov 3, 2008 at 07:56 PM
I would love to see Orta overdose on that precious cocaine that seems to rule so many lives these days. At least that way our tax dollars won't be wasted on this piece of crap by keeping him alive and feeding him and giving him free board in our cushy prisons. Craig was a special person. My heart goes out to his family. God is surrounding Himself with angels. That's why He has made room for Craig.

Posted by: COUNTRY Location: ST JOE COUNTY on Nov 3, 2008 at 07:53 PM
It's apparent from Orta's record that he has no regard for the law or our community. I hope Orta finally gets put away for good, so there will be one less canker in our community. Toner was a good cop and a great man. Ride In Peace.

Posted by: Pete Location: Mishawaka on Nov 3, 2008 at 07:50 PM
Rest in Peace

Posted by: Sharon Location: South Bend on Nov 3, 2008 at 07:32 PM
This Orta was low life scum......Lock him up for life.

Posted by: Anonymous on Nov 3, 2008 at 07:21 PM
Rot in hell street trash. I pray for the Toner family.


Five Day
WNDU News Poll
There are currently no active polls at this time.
Click here to view other polls on our site and past poll results.
MichianaGuide.com