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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. 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?)

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