Judges uphold theft charge against man

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On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.

George Feuston was arrested in Jay County and charged with Class D felony theft on May 3, 2009. While out on bond, he didn’t appear for his pretrial conference and was arrested in Delaware County on an unrelated charge in August 2009. In August 2010, Feuston filed a motion requesting a discharge of his theft charge pursuant to Indiana Criminal Rule 4(C) because more than a year had passed since he was arrested in Jay County. In an October 2010 motion, he attached a purported fax correspondence between the Delaware and Jay County jails showing that Jay County jail officials knew he was in the Delaware County jail, but there’s not chronological case summary entry in his Jay County case around the time the fax was sent.

The trial court denied his motion, concluding that he was responsible for all the delay from the time of his pre-trial hearing until August 2010 when he filed his motion.

In George A. Feuston v. State of Indiana, No. 38A02-1011-CR-1175, the judges affirmed the denial of his motion for discharge. The judges rejected his argument that his whereabouts is irrelevant because the trial court could set a trial date regardless of whether he is present, citing Schwartz v. State, 708 N.E.2d 34 (Ind. Ct. App. 1999). But Schwartz says that when the record is silent as for the reason for the delay, it won’t be charged to the defendant.

Judge Terry Crone wrote that the court was not inclined to create duty on the trial courts that they must fill their calendars with “place holder” trial dates for defendants who haven’t appeared or whose whereabouts are unknown.

The judges also discussed the issue of whether the Jay County jail officials had knowledge of Feuston’s location based on the fax presented by Feuston. The majority concluded that knowledge of a police office or correctional officer shouldn’t be imputed to the trial court or prosecutor in these circumstances, citing State ex rel. Johnson v. Kohlmeyer, 261 Ind. 244, 303 N.E.2d 661 (Ind. 1973).
Feuston didn’t present any evidence that the trial court or prosecutor knew where he was before he filed his August 2010 motion, so he hasn’t shown he’s entitled to discharge. In addition, he does not have clean hands in the matter since the prosecutor and court lost track of him because he absconded, wrote Judge Crone.

Chief Judge Margret Robb concurred in result because she felt the majority hold was too broad. She wrote that if there was indisputable evidence that jail officials knew where Feuston was and that he was incarcerated in Delaware County, the trial court and prosecutor were sufficiently notified of his whereabouts to begin the Rule 4(C) clock running as of that date.

But in this case, there is only evidence suggesting that the Jay County Jail became aware of his incarceration and the burden is on Feuston to support his claims, which he did not do, she wrote.


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  1. 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

  2. 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?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

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