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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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