Prosecutor files reckless homicide charges against South Bank Bar aggressor

Lisa Bartoszewicz was bartending at South Bank Bar on Lincolnway in South Bend Friday night. She says around three o'clock Saturday morning, the bar's security officer, James Muddiman Sr., was ushering folks to leave.

One patron, 27-year-old Joshua Kati, left and then tried to come back in. Doing his job, Muddiman wouldn't let him. That's when Kati threw just one punch. But one punch was enough to knock Muddiman to the ground, and after a day on life support, kill him.

"I came out on the floor and I tried to help him. I did CPR and we called an ambulance. And, it was just a really bad situation and we feel terrible about it," Bartoszewicz shares.

Bill Townsend was also at the bar that night.

"I hear a whole bunch of commotion and everyone starts running outside," Townsend says. "I didn't know really what happened but to find out really what happened is kind of scary."

"One punch. It depends where you get hit at, but one punch can do it for anybody," says Sarah Johnson who works nearby the bar. "It makes me reevaluate life. You can just walk into a grocery story or into a gas station and someone can be angry and punch you once. The next thing you know you don't make it."

Police arrested Joshua Kati, and he continues to be held behind bars in the St. Joseph County Jail. He has been charged with reckless homicide and aggravated battery.

Muddiman was a security officer for Integrity Security as well as for IUSB security. It was his first night working at South Bank Bar. We are also told he was a Vietnam War veteran.

"Mr. Muddiman was doing his job," explains Captain Mike Grzegorek with Metro Homicide. "He was absolutely not involved in anything. He was doing his job when he was struck by someone for whatever reason. It's just a terrible, terrible tragedy."

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Aquaintance Location: South Bend on Jun 7, 2008 at 01:51 PM
I knew Josh. He could have been a really good person, had his parents stepped up and got him help when they realized what path he was heading down. They were scared of him, because he puts his hands on them too. They failed him, no matter how you cut the cake. I know that people are responsible for their own behavior, but I also know creatures of habit. If those habits are not broken, or stopped by force, they continue and worsen. He was too far gone at the cocaine point. Now he is just circling the drain. Now he has 3 children that will be emotionally crippled for the rest of their lives, when they idolized him. If he makes it in jail (after rolling on his friends), I truly hope he finally gets the help he has been begging for all these years. I owe my parents for waking me up when I was falling asleep at the wheel, as I could have been right there with Josh breaking the laws.

Posted by: April Location: West Side on May 27, 2008 at 11:17 AM
To: Steve McGarrett, You say "Kati was charged with a CLASS A FELONY back in 2004 for selling almost 30 grams of cocaine to an undercover cop. He could have received 50 years in prison but his crying and sobbing in front of the judge got him 20 years of home detention instead." Actually it wasn't crying that got him home detention. It was him striking up a deal with the prosecutor's office to rat out other dealers. Several big dealers went to prison for a long time and Josh got a deal for his cooperation.

Posted by: Anon Location: Here on May 27, 2008 at 08:50 AM
Sounds like Charlie has anger issues too. Yeah, I have a problem with it- but you didn't leave your email address. A good father would not be under house arrest. And if he was, he would not be at a bar. And if he was, he would not assault another person... so what exactly is "good" about your boy?

Posted by: Mitch Location: Mishawaka on May 25, 2008 at 02:16 PM
So Charlie...if Josh hits man..man is now dead...how does that not make Josh a killer?

Posted by: Farley Location: Granger on May 24, 2008 at 08:13 AM
Hey Charie. Now your killer friend can be a good dad from behind bars for the next twenty years. Come on kids, lets go visit daddy in jail.

Posted by: charie Location: south bend on May 23, 2008 at 06:12 PM
Josh is not a killer he is a good father i known him for my whole life he is like a brother to me so u guys have no room to talk your stuff email me if u have a problem

Posted by: Abe Location: Elkhart on May 21, 2008 at 03:39 PM
This is yet another example of why I will never set foot in a bar. My generation of people who were born in the early to mid-80's only go out looking for trouble at these places. They just don't know when to shut up. I am 24 years old and have never been inside a bar and I am proud of it. If anyone out there is looking for trouble, there is a bar waiting for you. Just mix a little bit of alcohol in with that.

Posted by: DJ on May 21, 2008 at 02:58 PM
The younger generation has no respect! They over step their boundaries and place all the time! They are told by counselors and teachers at school, they can do what they want and no one can stop them,..I bet this guy was a bully at school,.. I bet if the principal could have paddled him and then when he got home got it again (But we all know the that is so called Child Abuse ha!) he would have thought twice about over stepping his boundaries and respected the position of the guard. God Bless members of both families in their time need.

Posted by: jay Location: downtown on May 21, 2008 at 11:42 AM
Isn't the owner of the bar, Mr. Colley related to the girlfriend who tried to leave with the drink? Obviously she's done that before so she thought, what the hell. Maybe she should have been at home taking care of her 3 or 4 kids by different daddies. But wait, she probably isn't raising any of them. Just hanging with the thugs, as usual. Maybe MSOS should start hanging around the bar. Might find a few more slugs under the rocks.

Posted by: Pat Location: Mishawaka on May 21, 2008 at 11:31 AM
I can't understan how someone under house arrest can be roamming the city after working hours. Didn't he have a device attached to his leg to alert officials of his movements?

Posted by: CityEmployee Location: South Bend on May 21, 2008 at 07:31 AM
Just another reason why judges should be elected. The home detention punishment is an absolute joke and had the judge who issued that ridiculous sentence done his job and out this dope head away for ten years, another innocent person would not be dead. While we feel terrible for the victim and his family, I guess we can take some solace in knowing where the killer is headed he'll likely be a "favorite newbie" for the locals in prison. Pucker up jerk!

Posted by: John on May 20, 2008 at 10:35 PM
Josh sucker punched me in school once and split my eybrow and I had to get stiches. They suspended him from school for 3 days, that's it. Karma is a MF huh Josh!! You're right jenny, what comes around goes around. I know you remember me jen, you're a druggie too so it figures you're upset. Your main supplier is going bye bye!

Posted by: i on May 20, 2008 at 08:33 PM
Jennifer Kati-shouldn't your email address be thickheaded@yahoo instead? And, anyone trying (and failing) to defend the KILLER here-give it a rest! A moron acted on his selfish tendencies and did something that even in his boneheaded drunken blurr he had to know was bad,-and which killed a person, and you want people NOT to say mean things about him? Get real!!!!!!!!!!!!!!

Posted by: The Dude Location: South Bend on May 20, 2008 at 08:27 PM
What a coward. I hope he gets to prove how tough he is in prison, for a long time.

Posted by: Anonomys Location: Michgian on May 20, 2008 at 06:12 PM
A good hearted person as a few have called him, doesn't deal drugs, disobey the law, swing at elderly men, go out drinking while on house arrest and bully others to show he is a man.. that is a cowardly man.

Posted by: Jim Location: Elkhart on May 20, 2008 at 05:37 PM
Well, with scumbags like Josh for customers I guess I can write off ever visiting the South Bank. It must be a real "high class joint".

Posted by: Islander Location: South Bend on May 20, 2008 at 04:52 PM
Hey Jennifer....I hope your brother has half the brains that you have. Given your poor grammar and spelling it really leads me to wonder what kind of "family" all of you really are. Is he one of those guys that acts tough as nails but broke down in tears like a spoiled brat in front of the judge to get a soft sentence? Get real Jennifer. Your brother cashed in at least the next 15 years of freedom and by the standard in which he lived his life that is welcome news to rest of us.

Posted by: Not a Judge Location: michiana on May 20, 2008 at 04:34 PM
Heather, I am sorry for your loss. I can't imagine what you are feeling right now, but know that there are a lot of people praying for you and your family. And to you Jennifer, I am sorry that you have lost your brother. In many ways, when a family member is sent off to jail/prison, it is like loosing them as well. You will be in my prayers also. I do not want to judge, because I do not want to be judged by others. We all fall short of the glory of God, but those who confess and ask forgiveness shall receive it. Read JOHN 3:16 it will help.

Posted by: Bill Location: Elkhart on May 20, 2008 at 03:58 PM
Tyler- it does not matter how "good" Josh is, if he did in fact hit Jim then he was the cause of death and will face the charges! I for one am praying for both Jim and Josh. Josh will face reckless homicide and aggravated battery charges and will serve out his time hopefully he will see that his actions affect more than just himself. Thankfully for Josh he did this in St. Joe county and not Elkhart, if this was in Elkhart County he would face the max allowable time no doubt. St. Joe County will probably probably give him just less than max and he will end up serving 5-7 years behind bars, he should think himself lucky!!

Posted by: heather muddiman Location: idaho on May 20, 2008 at 02:51 PM
our whole family is very sadend by the loss of my grandpa. he was a man trying to keep the peace and you get one person like this jonathan guy who shouldnt even be allowed in public who cant abide by the law and takes matters into his own hands. its sad to think that my children wont get the chance to know who their great grandpa was because someone took his life from him. i think that people like mr katy should never be allowed to walk the streeets again he is to much of an angrey soul.

Posted by: stephaine Location: South Bend on May 20, 2008 at 02:24 PM
Yes this is a very tragic crime with no winners, however let us not forget the judge who allowed this to happen in the 1st place. Several people have posted it was Judge Albright but he had already retired. If anyone cares to do the research on this matter it again was the honorable judge ROLAND CHAMBLEE that gave this scumbag the 20 year suspended sentence to his A FELONY conviction and sentenced him to the house arrest crap. No only did he do that but then last year he modified the sentence again to take away the electronic monitoring system and let him run free on the streets. THANKS AGAIN JUDGE CHAMBLEE or is it JUDGE SHAMLESS?

Posted by: Anonymous on May 20, 2008 at 02:23 PM
i have never been friends with josh. nor do i want to ever be friends with josh. i know for a fact that he is a bully. i also know for a fact he is going to meet alot of bullies where he is going next. they can all have one big bully contest on each other for all i care.

Posted by: Willie Location: Niles on May 20, 2008 at 02:06 PM
Well, Tyler, unfortunately this was just one more in a long history of bad decisions for your buddy; and one that will put him in the pokey for a long time where his future bad decisions won't take anyone else's life. (Or maybe they will, but at least he'll be out of the general populace.)

Posted by: Candy on May 20, 2008 at 01:56 PM
WSBT site says alot more then this one does. It is saying his girlfriend tried to walk out of the bar with a drink, & the guard stopped her from doing so, & this is why this punk Josh hit him. So, you have 2 people, at 3:00 in the morning, drinking, & one wants to leave with her drink, which is against the law on more then 1 level, & because someone stopped her & said hey, you cant do that, he gets knocked out? Nice.. Seems the girlfriend is just as bad at he is. You are both LOOSERS!

Posted by: J Location: Mishawaka on May 20, 2008 at 01:54 PM
Some 60 year olds are in better shape then the young kids that eat fast food and play vidio games all day.

Posted by: Tyler Location: South Bend on May 20, 2008 at 12:33 PM
I have been friends with Josh since we were in middle school, and I know for a fact that he has a good heart. Yes he has made some bad decisions in life, but no matter how bad a choice is I believe there is forgivness for everything. This whole situation is unbelievale and a great tragedy on both sides. I'll be praying for Josh, his family and for Mr.Muddiman's family. For all of you that are putting Josh down are now better, cause your acting just as immature!

Posted by: T. Paine on May 20, 2008 at 12:27 PM
I did something last night, just as an experiment. It required almost no effort at all. I did a google search for, "write your representative", not knowing what else to type in. Took me right to a website that walks you through everything. With all the resources we have, now, we have no excuse. Writing your representative has more power and influence than voting for President. My message to my rep. will be simple. Stop jailing non violent people, keep violent people in jail. When they get your mail, someone makes a check mark and the rep. sees the collection of check marks. Pastors well know (having learned from 60s activists) that if enough people create enough check marks, laws change. It's up to we the people. Don't wait for a President to solve all our problems. That will never happen. If it could happen, we would have a King, not a President. I want a country where I don't have to cower in my rich neighborhood, or my house, at night.

Posted by: Dan Location: Mishawaka on May 20, 2008 at 12:26 PM
I'm with Dave from Syracuse. Ex bouncer myself. I have had several individuals take swings at me and all types of drunks calling me names because I would not let them in the bar or let them take drinks out. I have had to on several occassions restrain someone because they thought they were going to kick my butt. Drunks like this who are already in trouble with the law and his girlfriend knowing he's in trouble with the law brought this on herself if she did try to take the drink out. Maybe she should be in jail as well. If she would not have tried to get out with the drink then none of this would have happened. Accessory to the crime. Let her do some jail time as well. It's punks like this that give bad names to a bar that probably has never had any problems. I also blame the law for taking this punks monitoring device off and letting him go where he wants. I think the city should be held accountable for punks that are suppose to be under house arrest.

Posted by: To Jennifer on May 20, 2008 at 12:20 PM
Jennifer, Are you really giving out your email, and telling people we can settle it there? Sure sounds if you have some anger issues also. Guess the apples don't fall too far from eachother in that family tree.

Posted by: Steve McGarrett Location: Five-O on May 20, 2008 at 12:07 PM
Kati was charged with a CLASS A FELONY back in 2004 for selling almost 30 grams of cocaine to an undercover cop. He could have received 50 years in prison but his crying and sobbing in front of the judge got him 20 years of home detention instead. And now he kills a security officer 36 years his elder with a cowardly sucker punch. For justice to be served, he should spend at least the next 36 years of his failed life in an Indiana prison. Or ... maybe someone will do to him what happened to Jason Katz. That would give this sad story a happy ending!

Posted by: J Location: Mishawaka on May 20, 2008 at 12:03 PM
If you can't control yourself when you drink, then you should probably stay sober. He probably did not have the intention of killing this man, but you pay the price for losing your temper. Drinking is not an excuse.

Posted by: Willie Location: Niles on May 20, 2008 at 11:57 AM
To JENNIFER "thickcity" KATI: Why don't you just tell us all here what really happened? Why would anyone want to e-mail you directly? Are you going to try and find us and beat us all up? Sounds like anger management issues run in the family...

Posted by: Me on May 20, 2008 at 11:55 AM
Jennifer, how can you say your brother did nothing wrong? He threw a punch that killed a man? And you think that's okay?

Posted by: RS Location: South Bend on May 20, 2008 at 11:17 AM
The whole thing is a tragedy! Jennifer I understand that is your brother, but lets face it, your brother was wrong for even being at the bar, home detention means HOME DETENTION!

Posted by: wow on May 20, 2008 at 11:00 AM
rob 7:53 just for your info i dont go to church all i am saying is that it is not up to us to judge this man. i live in th U.S. and abide by its laws. if i choose to break a law then i am also choosing to face the consequences whatever they may be. those people that posted about street justice and prison rape sound like anarchist to me, not respectable U.S. citizens. and dont worry about my getting punched in the face cuz it certaintly would not be by you!

Posted by: T Location: SB on May 20, 2008 at 10:59 AM
After he serves the 20 year cocaine charge, then he'll start serving the homicide charge. Thank goodness Lorenzo Cruz, that this scumbag will be off the streets for many years to come. The judge gives this scumbag an incredible chance and he's out at bars picking on women and old men for kicks. Say bye- bye to your brother Jennifer, because when he gets out he'll be eligable for senior citizen discounts himself.

Posted by: To Ag on May 20, 2008 at 10:43 AM
Ag, "What comes around goes around" I sure hope you're a character witness for you "buddy" at the trial; he'll fry for sure then. What an insensative, moronic thing to say. I would call you stupid, but I wouldn't want to insult stupid people!

Posted by: lucy Location: south bend on May 20, 2008 at 10:38 AM
So, if this guy was on house arrest/home detention whatever you want to call it. Why wasn't his fashionable ankle braclet going nuts. To my understanding when someone is on home detention they are required to wear an ankle braclet that alerts authorities that the person is out of bounds. Usually you can't even walk around your own yard. So my question is why wasn't he apprehended when his braclet should've been going off? Did he not wear one? That's another failure in our judicial system. Plain and simple, he should not have been at the bar and the cops should've done something about it.

Posted by: wayne Location: south bend on May 20, 2008 at 09:44 AM
ya I read this story and say that why is that surprising you are in where drunken men are and they dont act normal at all we live in a violent society I dont go to bars maybe some will clean up cuz of this

Posted by: Slade Location: Mishawaka on May 20, 2008 at 09:43 AM
Hey! people of St. Joseph county....when its time to vote...at the top of the voting page they ask if you want to retain the judges..vote yes or no. I always vote NO....if you ignore this and not vote at all..then your ballot cast a yes vote....so those of you that ignore that top part your're responsibile for retaining these dumb judges. Vote NO to retain these judges. Please!!!! Home detention...doesn't it mean your suppose to be at home? Again my condolence for the Muddiman family.

Posted by: Willie Location: Niles on May 20, 2008 at 09:22 AM
What this story fails to mention is that this fine upstanding citizen was already on house detention for drug dealing. Shows how much good THAT does.

Posted by: Anonymous on May 20, 2008 at 09:16 AM
O.k i just read that this idiot was on a 20 year home detention for dealing cocain. He deserves everything he gets, who hits and eldery person anyway? What is wrong with people and life they take for granted! This poor gentlemen was doing his job, and for Kati to hit him for not allowing his girlfriend to take a drink with her out of the bar! Was it worth it Kati? I hope you are haunted by that night for the rest of your life you low life waste. and as for your family the apple dont fall to far from the tree lets hope there not raising future low lifes. LETS START PARENTING SOCIETY!!!!

Posted by: Mr. Location: Obvious on May 20, 2008 at 09:12 AM
Accident or not, he still has to be accountable for taking another man's life. Just because you're drunk is not an excuse. You chose to drink so take it like a man.... or some bad man's girl when you get to your new home.

Posted by: Megan Location: Elkhart on May 20, 2008 at 08:58 AM
Lorenzo- right on...you said it, brother. To say this was a tragedy doesn't do it justice!! But God still loves the perp and victim just the same. And Laura- I find it so cold-hearted that you would single out this guy's sister to say "shame on her"...Shame on you!! You can't even imagine what these families are going through- forgiveness i