Elkhart Man Charged In Alleged Burglary Of Cigarette Shop

Staff Report

 WARSAW — An Elkhart man faces charges after his alleged involvement in a burglary at a local cigarette shop.

Michael Cushing

Michael Nathan Cushing, 29, 25176 Rex St., Elkhart, is charged with burglary, a level 5 felony; attempted burglary, a level 5 felony; theft, a level 6 felony; and two counts of criminal mischief, both class A misdemeanors.

According to the affidavit of probable cause, on Jan. 23, Warsaw Police were dispatched to a reported burglary at Cigarettes Plus, now known as C’s Smoke Shop.

Upon arrival, police observed that the glass door to the front entry was shattered. A hammer was found on the floor just inside the entrance. 

A review of the store’s security video showed a man entering the business wearing a camouflage ski mask, black jeans, a hooded sweatshirt, gloves, tennis shoes and a black/gray jacket with a horizontal stripe down the back.

The suspect carried a trash bag, which he used to gather cartons of cigarettes and other items from the business. The video showed the suspect opening the cash register. While opening the register, the suspect’s face-covering came down, revealing his face. At that time, the suspect looked up at the security camera. 

The suspect then abruptly left the business with the trash bag and its contents. 

Damage to the business totaled $775.03. The property loss experienced by the business came to $1,383.81.

On June 22, an Indiana State Trooper was contacted by the owner of C’s Smoke Shop in reference to a broken window at the business.  The business owner said the trooper that on June 11, an unknown suspect used what appeared to be bolt cutters to break the glass on the front doors and windows.

After breaking the windows, the suspect left in a vehicle. The business owner provided ISP with the recording from the store’s surveillance camera.

The ISP trooper observed on the recording that at 2:34 a.m. on June 11, a silver passenger car arrived in the parking lot of the business and circled it, as if casing the surroundings. 

The license plate was determined to be a Colorado license plate. The registered owner of the vehicle returned to Enterprise Rent-A-Car.

At 2:39 a.m. a man exited the vehicle wearing blue jeans, a black Old Navy sweatshirt, baseball cap and dark-colored bandana which covered his mouth. The male is seen on the recording approaching the store and pulling a pair of bolt cutters out from under his sweatshirt. He then began to break the glass on the door. 

After shattering the glass on the door, he moved to the right and shattered another. The suspect then ran back to the silver vehicle and drove away.

The trooper went to Enterprise Rent-A-Car in Warsaw and found that the vehicle had been rented to a woman. Records indicated the vehicle was rented on May 28 and returned June 12.

Enterprise Rent-A-Car had been contacted by a detective from the Elkhart Police Department and advised that the vehicle had been found and that the person driving the vehicle at that time was Cushing, who had been arrested in Elkhart for a gas station robbery.

The ISO trooper contacted Elkhart Police, who said Cushing was involved in several crimes in the Elkhart and Osceola areas. The detective advised that while allegedly committing a burglary on June 12 at a gas station in Elkhart, Cushing was wearing an Old Navy hoodie, dark bandana and baseball cap similar to the clothing and hat worn by the suspect in the burglary at C’s Smoke Shop on June 11. 

A search warrant was served at the property where Cushing was living and the same clothing that was worn in the video was found at that location. Other items recovered include cigarettes and lottery tickets.

When the trooper contacted the owner of C’s Smoke Shop to advise her that the suspect had been identified, she informed the trooper about the Jan. 23 burglary at the store. 

Investigators were able to identify Cushing as the individual who broke into Cigarettes Plus on Jan. 23 from the surveillance video showing Cushing’s face, including a facial tattoo. Cushing’s booking photo shows a facial tattoo that matches the video of the suspect from the burglary at the cigarette shop.

Cushing was booked at the Kosciusko County Jail Nov. 12 on a $8,500 surety and cash bond.