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Sunday, May 1, 2016

Drug sweep suspects still going through court

Sunday, November 16, 2008

(Photo)
During the early morning hours of Aug. 5 drug sweep, Clay County Sheriff Mike Heaton and Dep. James Switzer help one of the initial 30 suspects out of a police cruiser at the Clay County Justice Center. [Order this photo]
The suspects arrested during the August drug sweep continue to be processed through formal court proceedings at the Clay County Courthouse.

On Aug. 5, officers from the Clay County Sheriff's Department, Brazil City Police Department, Clay City Police Department, Clay Community Corrections, Clay County Probation Department were joined by officials from the Indiana State Police (Terre Haute and Bloomington posts), Putnam County Sheriff's Department, Parke County Sheriff's Department, the Department of Natural Resources, DEA and the U.S. Marshals Office during an early morning warrant sweep of at least 25 residences in Clay, Parke, Owen, Hendricks and Monroe counties.

More than 60 officers were involved in serving 40 arrest warrants issued by the Clay County Court system.

Although details are unavailable at this time, the Clay County Prosecutor's Office and various defense attorneys are currently in negotiations to arrange plea agreements with some suspects.

According to court documents, a plea agreement was provided to the court on Gary K. Shelley's behalf that could potentially combine two separate pending cases. Shelley, 39, Brazil, was initially charged with two charges of class B felony dealing methamphetamine during the drug sweep. However, he is also facing two class D felony charges -- one for possession of marijuana and the other for possession of a controlled substance -- from a separate incident in June.

Shelley is scheduled to appear in Clay Circuit Court on Dec. 15 for further court proceedings connected with the case.

One negotiated plea agreement became a problem because of the number of separate open court cases involved.

William R. Moss, 25, Brazil, according to documents, was initially arrested during the drug sweep on two class A felony charges of dealing in methamphetamine and two class B felony charges of Possession of Methamphetamine.

However, Moss is also facing allegations from five separate open court proceedings reaching back to 2005 with a total of 17 charges ranging from a traffic infraction to various drug related charges and a felony battery charge.

In a nutshell, Moss agreed to plead guilty to one B felony dealing methamphetamine charge if the state dismissed the other charges on the August arrest warrant.

The problem was the sentencing recommendation was to run concurrent with any sentences ordered by another court in the other cases. With good time credit available, Moss would have served two-and-a-half years with formal probation to be enforced upon his release.

On Sept. 23, Clay Superior Court Judge Blaine Akers initially denied the plea agreement when it was presented in his court. However, the agreement was accepted by another judge, which meant Akers had to consider it.

Moss is scheduled to appear for further court proceedings Dec. 1.

Others, according to court documents, were less problematic.

On Aug. 6, Jaclyn D. Maday, 25, pled guilty to one count of class B misdemeanor maintaining a common nuisance. Maday was sentenced to 180 days incarceration at the Clay County Justice Center with all suspended except 10 days, of which two were credited, and ordered to pay a $174 fine.

On Nov. 10, Laura S. Sproul, 27, Brazil, pled guilty to one count of class C possession of methamphetamine. She was sentenced to the Indiana Department of Correction for six years (with the potential of good time credit if earned) with one year suspended. She was given credit for 92 days served, ordered to pay $174 in fines, all fees and recommended for the Matrix treatment program. After her release, Sproul will be placed on formal probation for one year, be subject to random drug screens and searches and provide a DNA sample to authorities.

The untimely death of a suspect caused one arrest warrant issued as part of the Aug. 5 drug sweep to be dismissed.

On Aug. 28, the prosecutor's office filed documentation that formally dismissed the charges and the outstanding arrest warrant issued against Timothy M. Tryon, 40, Brazil.

However, most of the suspects are scheduled to continue through the legal system. The suspects are tentatively scheduled to appear for court proceedings on these dates for the following charges:

Dec. 1, 2008:

* Michelle L. Doyle, 40, Brazil, is charged in one case with one class C felony charge of dealing in schedule 4 controlled substance and one class D felony charge of maintaining a common nuisance. In a second case, Doyle faces allegations filed by the prosecutor's office stemming from a May 1 incident that include a class C felony charge of dealing in a schedule 4 controlled substance,

* Bryan M. Hendrickson, 23, Knightsville, is charged with two class A felony charges of dealing in methamphetamine, one class C felony charge of possession of methamphetamine and one class D felony charge of neglect of a dependent,

* Patricia A. Hivner, 34, Clay City, is charged with one class D felony charge of dealing in schedule 4 controlled substance and one class D felony charge of maintaining a common nuisance and an additional class D felony charge of neglect of a dependent.

In a second case, Hivner faces four additional allegations stemming from an incident in January, including one class D felony charge of possession of methamphetamine, one class D felony charge of maintaining a common nuisance, one class D felony charge of neglect of a dependent and a class A misdemeanor charge of possession of paraphernalia. A jury trial for this case is tentatively scheduled for Jan. 20,

* William L. Whitaker, 49, Brazil, is charged with one class B felony charge of dealing methamphetamine, and

* Steven Bryan, 21, Brazil, is charged with one class B felony charge of dealing methamphetamine.

Dec. 15, 2008:

* Timothy S. Zuel, 35, Brazil, is charged with two class B felony charges of dealing methamphetamine, two class D felony charges of maintaining a common nuisance and two class B misdemeanor charges of visiting a common nuisance, and

* Jeremiah Tackett, 23, Brazil, is charged with one count of class B dealing schedule 2 controlled substance and one count of class C dealing schedule 4 controlled substance.

Dec. 22, 2008:

* Ronny L. Melega, 42, Brazil, is charged with one class B felony charge of possession of methamphetamine and one class D felony charge of maintaining a common nuisance. Melega also face charges from three separate open cases.

Jan. 1, 2009:

Coleman Lanham, 19, Brazil, is charged with one class B felony charge of dealing schedule 2 controlled substance.

Jan. 5, 2009:

* Misty M. Davis, 30, Harmony, will appear in court on charges stemming from a prior incident that caused the filing of the drug sweep arrest warrant. These charges include one class D felony charge of unlawful sale of legend drug and one class D felony charge of maintaining a common nuisance.

Davis is also tentatively scheduled to appear in court on Jan. 12 for allegations stemming a search of her home by officials the morning of the drug sweep. These charges include a class D felony charge of legend drug deception, and two class A misdemeanors charges, one for possession of marijuana and another for possession of paraphernalia,

* Daniel R. Francis, 34, Knightsville, is charged with two felony charges of dealing in methamphetamine (one a class A and the other a class B) and one class D felony charge of maintaining a common nuisance. Francis also faces a petition to revoke his probation for a class D felony conviction in June 2007 filed by the prosecutor's office on Aug. 20,

* Roy L. Mosteller, 46, Brazil, is charged with one class B felony charge of dealing in a schedule 3 substance and one class D felony charge of maintaining a common nuisance,

* Donald A. Raines, 53, Brazil, is charged with one class B felony charge of dealing in schedule 3 controlled substance, charge one class B felony charge of dealing in schedule 4 controlled substance and one class D felony charge of maintaining a common nuisance,

* Timothy J. Steuerwald, 39, Clay City, is charged with one class B felony charge of dealing in methamphetamine, one class D felony charge of possession of methamphetamine and one class D felony charge of maintaining a common nuisance. Steuerwald also faces 18 other allegations ranging from failure to appear to domestic battery from six separate open cases as far back as 2005, and

* Raymond A. Walters, 40, Brazil, is charged with one class B felony charge of dealing methamphetamine, one class B felony charge of dealing a schedule 3 substance and one class D felony charge of possession of methamphetamine.

Jan. 12, 2009:

* James W. Hill Jr., 48, Brazil, is charged with one class A felony charge of dealing methamphetamine, one class B felony charge of possession of methamphetamine and one class D felony charge of maintaining a common nuisance,

* Penny S. Hill, 46, Brazil, is charged with one class A felony charge of dealing methamphetamine, one class B felony charge of possession of methamphetamine and one class D felony charge of maintaining a common nuisance,

* Glen L. Keltz, 33, Brazil, is charged with one class B felony charge of dealing in methamphetamine, one class D felony charge of possession of controlled substance, two class D felony charges of possession of methamphetamine, one class A misdemeanor charge of possession of marijuana and one class B misdemeanor charge of possession of paraphernalia,

* Shawn E. Morlan, 41, Brazil, is charged with two class B felony charges of dealing schedule 2 controlled substance, one class C felony charge of dealing in schedule 4 controlled substance and one class D felony charge of maintaining a common nuisance,

* Rodney J. Lowe, 38, Rosedale, is charged with one class B felony charge of dealing in schedule 2 controlled substance,

* Justin Myrtle, 25, Brazil, will appear in court on allegations in three separate open court proceedings filed prior to the August drug sweep with a total of nine charges ranging from a class B misdemeanor criminal mischief to a class D felony possession of methamphetamine.

On Feb. 9, 2009, Myrtle will appear in court on the charges he was arrested for during the drug sweep. He is charged with two felony charges of dealing in methamphetamine (one a class A the other a class B), one class B felony charge of possession of methamphetamine and one class D felony charge of maintaining a common nuisance.

* Jonah Childress, 27, Terre Haute, is charged with one class B felony dealing methamphetamine charge,

* Keith E. Fields, 46, Coalmont, is charged with class B felony possession of methamphetamine, a class D felony charge of maintaining a common nuisance and an A misdemeanor charge of possession of paraphernalia, and

* Kimberly Schurick, 27, Brazil, is charged with one class a felony dealing methamphetamine and one class D felony maintaining a common nuisance.

Jan. 26, 2009:

* Bryan J. Frazee, 28, Knightsville, is charged with two class D felony charges of dealing marijuana and one class D felony charge of maintaining of common nuisance.

Feb. 2, 2009:

* Andrew Elkins, 25, Montezuma, is charged with one class A felony dealing methamphetamine, and one class D felony maintaining a common nuisance, and

* Nichole J. Bond-Lange, 38, Brazil, is charged with two B felony charges of dealing in methamphetamine, two class D felony charges of maintaining a common nuisance, two class B misdemeanor counts of visiting a common nuisance and one charge of visiting/maintaining a common nuisance.

Feb. 20, 2008:

* Andrew J. Elkins, 25, Montezuma, is charged with one class A felony charge of dealing in methamphetamine and one class D felony charge of maintaining a common nuisance.

March 16, 2009:

* Eddis L. Raines, 51, Brazil, is charged with one class A misdemeanor charge of dealing marijuana and one class D felony charge of maintaining a common nuisance.

With so much activity in the Clay County court system, as officials expected, court proceedings and the filing of paperwork is backed up. As of Thursday, some court documentation was unavailable for several suspects arrested during the drug sweep on Aug. 5, including:

* Jack D. Barnett, 28, Brazil, is charged with one class B felony charge of dealing methamphetamine,

* Timothy J. Calvert, 47, Stilesville, is charged with one class B felony charge of dealing in schedule 2 substance and one class D felony charge of possession of a controlled substance,

* Sammy J. Stedman, 35, Brazil, is charged with two class B felony charges of dealing methamphetamine, one class D felony charge of possession of methamphetamine, one class D felony charge of maintaining a common nuisance,

* Wesley E. Okulovich, 37, Brazil, is charged one class B felony charge of dealing methamphetamine and one class D felony charge of maintaining a common nuisance, and

* Joseph F. Jones, 28, Brazil, was arrested for one class B felony charge of dealing schedule 1 controlled substance and one class B felony charge of dealing schedule 3 controlled substance.

In instances when court records are unavailable, officials explained to The Brazil Times the individuals involved might have bonded out before the formal court proceedings could be scheduled, their cases are under review or the individual might be incarcerated on other charges and the new court proceedings, which won't go away, can wait until they have served the prior sentence.


Comments
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I just would like to know who is the worst menace to society. Yes, I'm glad to have the meth off of the streets also. But how can officials allow for people to commit crimes and not prosecute them because they are CI yet these individuals keep stealing and getting by with things because of their status. I guess it would be bad PR if their CI was incarcerated. I just don't think it's fair to allow someone to continue to walk the streets when the things they are getting by with are as bad or worse as someone who's out here selling pills

-- Posted by backatit on Sun, Nov 16, 2008, at 10:38 PM

This is too bad. I remember some of these people when I was younger and lived in brazil. They had so much potential. I hope they can get clean and stay clean.

-- Posted by jessdixon on Mon, Nov 17, 2008, at 10:39 AM

Backatit ~

You have me totally confused ~ just what are you talking about?

-- Posted by karebabe on Mon, Nov 17, 2008, at 4:58 PM

about how the CI in this town is allowed to continue to commit thefts, forgery, and prostitution and no body does anything because of their CI status. The things the CI is getting buy with are far worse then all the people they informed on.

-- Posted by backatit on Mon, Nov 17, 2008, at 6:39 PM

backatit ~ ok...so have you ever thought of contacting the authorities with your concerns?

-- Posted by karebabe on Mon, Nov 17, 2008, at 8:18 PM

Have you thought that they are the one's who let her do it? They break into places and steal christmas trees it gets reported and NOTHING is done.

-- Posted by backatit on Mon, Nov 17, 2008, at 9:00 PM

Backatit ~

Maybe you should talk directly with the Sheriff or the Police Chief ~ maybe the problem is lack of proof ~ that would be one reason why nothing is done ~ the guys can't arrest on speculation alone ~

-- Posted by karebabe on Tue, Nov 18, 2008, at 7:43 AM

What or who is CI?

-- Posted by sassypants on Tue, Nov 18, 2008, at 8:57 AM

And there is a prositution ring in this town? What do I miss by staying inside? ;>

-- Posted by sassypants on Tue, Nov 18, 2008, at 9:35 AM

Sassy,

a CI is a Confidential Informant, Law Enforcement officers will use a member of the criminal element to get information on a variety of things related to a case they might be working on because the officer by nature of his work can't get.

-- Posted by Localguy1972 on Tue, Nov 18, 2008, at 9:49 AM

Thank you!

-- Posted by sassypants on Tue, Nov 18, 2008, at 11:21 AM

SO, if I break into your garage and steal something and someone sees me, if I am a CI I can get away with it?? It's WRONG. Yes, it's great to get the drugs off the streets but continuing to allow people to commit crimes is also wrong. How far does this go? Are they going to be able to kill someone and get by with it? I realize that somewhere down the line they will no longer need the CI and eventually the will end up prosecuted, but just how far does it go? I have yet to see almost any of these guys who have made top news in Brazil for so long, be in the paper for crimes against other people , yet there is one name that has MANY arrests for various crimes against others, so who is the worse one of all of them? Maybe they should be able to be a CI on whatever cases but they also should be accountable for any further actions!!! The law is to protect EVERYONE and when you can steal and everyone shuts their eyes and pretends it did not happen it is not right. I don't know many of the people involved in these cases but have many encounters with someone else and I can not imagine anyone who deserves to be locked up more.

-- Posted by backatit on Tue, Nov 18, 2008, at 11:56 AM

Well, if all above is true makes you wonder what the CI is doing for the law? If someone broke into my garage and nothing got done, someone would have a broken hand. Everyone pays the salaries of law enforcement and Eveyone deserves protection against crime, not just a select few. I agree with backatit, they should be held accountable for any further encounters that were not part of the original set up. It's like saying because someone holds a certain position, such as a law officer for example, that they don't have to abide by laws. Laws are for everyone. And if I am to contribute paying salaries to our officials, I expect them to do their jobs regardless of who someone is. In my profession I can't do things for one person that I wouldn't for someone else.

-- Posted by ape1 on Tue, Nov 18, 2008, at 12:09 PM

backatit ~ I understand what you are stating but you never answered my question as to whether you had spoken directly with the Sheriff or Police Chief ~

-- Posted by karebabe on Wed, Nov 19, 2008, at 2:29 PM

WOW! We actually have somebody who is a CI? So naive I have been as to think that some law abinding citizen/citizens have reported some shady goings-on somewhere, somehow! Geez....how blond of me. I still think that this bust was a great thing for Clay County and our residents. Maybe some of our people might take just a fleeting moment to stop and think before they do something stupidier than usual.

Keep up the great work BPD, CCSD, ISP, and whoever else was involved.

What I don't agree with is the plea bargaining thing. Especially with all those listed above that have pending priors for the same thing! That is a travesty.

-- Posted by appaloosa queen on Fri, Nov 21, 2008, at 10:34 AM

AQ ~ (notice how smart I am)

You are too much ~ you just crack me up ~ you blond queenie !!

-- Posted by karebabe on Fri, Nov 21, 2008, at 11:11 AM

Here is the long and short of it "backatit" .. CI (Confidential Informants) have been used for years and years .. bottom line is this .. cops don't 'typically' use a mass murderer as an informant .. usually the crimed commited by the CI are far less 'noteworthy' than the criminals they are trying to put away. Is it right? Probably not, but it doesn't mean the CIs get to go out and do illegal acts without punishment. To assume such is ludacris. C'mon.

-- Posted by Emmes on Fri, Nov 21, 2008, at 11:56 AM

... also, if you know something or have evidence regarding a CI, you should let the police know. Sure, it could be they are already aware .. but THIS is not the forum to complain if you haven't done all you can to make it right. Even then .. things don't always go our way. Best of luck 'backatit'.

-- Posted by Emmes on Fri, Nov 21, 2008, at 12:00 PM

Emmes, while "ludacris" is the proper spelling if you're referring to the popular rapper, I think the word you were looking for in "ludicrous."

-- Posted by bsmom on Mon, Nov 24, 2008, at 7:37 AM


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