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Clinton County Sheriff Richard Kelly — who was already in legal trouble over his management of the county jail commissary fund — is now facing a criminal misdemeanor charge in Hamilton County after being accused of carrying a handgun while he was facing felony accusations.
According to the probable cause affidavit filed in the Hamilton County Superior Court on Friday, Kelly was working as an off-duty armed security assignment in Carmel on April 9.
Kelly then contacted Clinton County Special Deputy Jonathon Bailey, who was working at the Clinton County Jail at the time, to relieve him from the security detail. Bailey took the rest of the day off from the jail and traveled to Carmel.
Upon arriving at or near 1721 W. 116th St. for his assignment, Bailey observed that Kelly was visibly distressed, according to court documents. Kelly directed Bailey to a desk drawer, saying there was something inside that “needed to be taken care of.”
When Bailey opened the drawer, he found a holstered SIG Sauer P365 9mm handgun. According to court documents, Bailey confirmed that the pistol was Kelly’s personal weapon, not department-issued.
Bailey took the weapon and put it in his vehicle, but due to concerns over the circumstances, court documents stated that Bailey later contacted law enforcement and relinquished the loaded gun to the Indiana State Police.
Investigators confirmed through an investigation that Kelly bought the weapon on Dec. 20, 2020.
According to Indiana Code 35-47-2-1.5, any person under indictment for a crime punishable for more than a year in prison is prohibited from knowingly or intentionally carrying a handgun, and the law applies regardless of whether the accused is a law enforcement officer or carries a legal permit, according to court documents.
Kelly did not immediately respond to The Indiana Lawyer’s email requesting comment.
Kelly is currently under indictment for several felony charges over his management of the Clinton County jail commissary fund. The charges also involve his wife, Ashley. Kelly appointed Ashley to serve as the jail’s commissary manager and jail matron after he took office in 2018.
The Clinton County Commissioners, Indiana State Police and Indiana Attorney General’s Office have accused the couple of pocketing more than $200,000 from the county jail accounts.
The duo is set to appear before a Clinton County jury on May 11 regarding their 2022 official misconduct and conflict of interest charges, both Level 6 felonies. Those charges are the ones specifically cited in Friday’s probable cause affidavit against Kelly.
The Kellys will also see a Marion County jury later this summer, following accusations that Ashley committed fraud against the Indiana State Police’s pension trust fund and that Kelly helped her do so.
The unlawful carrying of a handgun case is State of Indiana v. Richard L. Kelly (29D06-2605-CM-003910). An initial hearing has been scheduled for June 2.
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