An Elkhart County man faces felony and misdemeanor charges after an alleged assault in the parking lot of a truck stop on County Road 17 and a police pursuit that ended with a company pickup truck in a ditch. ABC57 reported the allegations from the probable cause affidavit[1].
An Elkhart Police officer responded to the Love's Travel Stop on County Road 17 at about 3:25 a.m. on Saturday, September 5, 2026, following a report of a physical domestic incident. According to the affidavit as reported by ABC57, Alan Patino, 20, slammed a woman against a truck and choked her for at least 10 seconds after three women confronted him in the parking lot. Officers observed and photographed red marks on her neck and on her right arm and shoulder. The woman is not named in the reporting and is not named here.
ABC57 reported that Patino was driving a Dodge Ram in circles in the lot and fled when the officer activated his lights. The pursuit reached 110 mph and crossed residential yards, striking mailboxes and an American Electric Power utility pole before the truck spun out into a ditch. Patino was arrested without incident.
Police learned that Patino had never been issued a driver's license and did not have permission to use the pickup. The vehicle was a company truck owned by ADVX Capital, doing business as Spray Foam Genie of South Bend.
Patino is charged with strangulation, resisting law enforcement, and auto theft, each a Level 6 felony. He also faces misdemeanor charges of operating a vehicle while intoxicated endangering a person and leaving the scene of an accident. An initial court hearing was held on Thursday, September 10. These are allegations. Patino is presumed innocent, and the case has not been tried.
What accident victims should do next
Two separate groups of people were affected here, and neither is the subject of the criminal case.
The first is the woman who was injured in the parking lot. In Indiana, a person injured by an intentional assault may have a civil battery claim separate from the State's criminal case. A criminal prosecution can produce a sentence and sometimes a restitution order. A civil claim belongs to the injured person. The photographs taken by officers may remain important evidence after visible marks have faded.
An assault on commercial property can also raise questions about reasonable security. Whether a premises claim exists depends on facts such as what the property owner knew about prior incidents, the available lighting and camera coverage, and the measures taken. The reporting does not address those matters, so no conclusion should be drawn. You can read more about how control, notice, and reasonable care may affect a premises liability claim.
The second group is the homeowners along the pursuit route. Damage to yards, mailboxes, and other property can support claims against the driver. If your property was damaged, photograph it, obtain the incident number from the Elkhart Police Department, and report the loss promptly. The firm's guide to evidence after an Indiana accident explains why early documentation matters.
The company truck presents a separate coverage issue. The auto theft charge alleges that the driver lacked permission to use the vehicle. If established, that fact could undercut a claim against the owner and may place the driver outside the owner's insurance coverage. A company name on a truck does not, by itself, make the company responsible.
Why location matters in Indiana injury claims
This incident began at a truck stop on County Road 17 in Elkhart County and continued through residential areas along the pursuit route. The Elkhart Police Department is the investigating agency, and the criminal case is in the Elkhart County courts. A civil case arising from an Indiana incident is ordinarily filed in the county where it occurred.
Indiana's deadline for most personal injury suits, including claims for battery, is two years from the date of injury under Ind. Code 34-11-2-4. For the September 5, 2026 incident described here, that falls on or about September 5, 2028. A pending criminal case does not extend that deadline. The firm's Indiana filing-deadline guide explains the general rule and important exceptions.
Indiana follows modified comparative fault under Ind. Code 34-51-2-6. An injured person whose fault is greater than 50 percent recovers nothing; otherwise, recovery is reduced by that person's percentage of fault. Comparative fault has a limited role in an intentional tort claim, but it may be raised in related carelessness claims, including premises and property-damage disputes.
Indiana requires minimum auto liability coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage, under Ind. Code 9-25-4-5. An unlicensed driver operating a vehicle without permission may fall outside the owner's policy, and intentional acts are commonly excluded from liability coverage. Indiana insurers must offer uninsured and underinsured motorist coverage under Ind. Code 27-7-5-2. Whether that coverage applies depends on the policy and the facts. More information is available in the firm's guide to uninsured and underinsured accident claims.
No government entity has been reported as a party to a civil claim. If one becomes involved, the Indiana Tort Claims Act can impose short notice periods. Notice to a city, county, town, or other political subdivision is generally due within 180 days under Ind. Code 34-13-3-8. Notice to the State is generally due within 270 days under Ind. Code 34-13-3-6.
How Delventhal Law Office can help
Delventhal Law Office, LLC is a Fort Wayne personal injury firm founded by attorney Chad E. Delventhal in 2009. The firm can obtain police and court records, review which insurance policies may respond, examine possible exclusions, and evaluate a potential premises claim based on the available facts. Insurance companies may aggressively defend disputed coverage and fault issues, so careful documentation and timely action matter.
If you were injured or your property was damaged in this incident, you can request a free case evaluation. Delventhal Law Office serves communities across northern Indiana.
This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.
