Judges affirm expungement of sheriff deputy’s arrest

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The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.

Marion County Sheriff’s Deputy Donald A. Prout worked full time with the sheriff’s office and also worked security part time at a Kroger store and a bus station. A Marion County Sheriff’s Office detective was asked to investigate accusations that Prout was being paid by MCSO while he was working his other jobs. The detective obtained documents from MCSO and Prout’s other employers indicating that his work schedules overlapped on four occasions – Oct. 27, 2011, and Feb. 6, 7 and 27, 2012. Prout was asked to explain the discrepancies, but he refused. The detective filed a probable cause affidavit, which resulted in Prout being charged with four counts of Class D felony theft. Those charges were later dismissed due to unspecified evidentiary problems.

Prout then petitioned to have his arrest record expunged, which the trial court granted. The judge found no offense was actually committed and there was an absence of probable cause to support the filing of the theft charges. The Indianapolis Metropolitan Police Department, which pays Prout for his work as a sheriff’s deputy, appealed.

Prout had explained at the expungement hearing that his bus station job would allow him to leave his shift early in order to work his normal 3 p.m. to 11 p.m. shift. One of the days in question, his time card shows he worked his normal shift in question, but he was actually at a police training session from 8 a.m. to 4 p.m. Prout admitted that his time card indicated he worked his normal shift time, which resulted in a shift differential pay of $0.70 an hour, so he was overpaid that day by $5.60.

In Indianapolis Metropolitan Police Department v. Donald A. Prout, 49A04-1305-CR-236, the IMPD argued that Prout failed to carry his burden that no offense was committed, pointing to Prout’s acknowledgment that he was overpaid on that one day. But the theft charges were based on not working at all on that day, not that he was overpaid, the appeals court pointed out.

The judges also declined to reweigh the evidence.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.