As part of a negotiated plea agreement, Brandon Riggle, 27, Clay City, pled guilty to class A misdemeanor charges of operating a vehicle while intoxicated with an ACE of .15 or more, resisting law enforcement and interfering with a law enforcement animal. The Clay County Prosecutor's Office agreed to withdraw the operating a vehicle while intoxicated endangering a person and failure to stop after an accident resulting in non-vehicle damage.
The court ordered Riggle to pay restitution of $92.64 to the CCSD for vet bills.
Also ordered to pay fines and court costs, the plea agreement arranged for Riggle to serve one year of incarceration for each charge (to run concurrent) with all of the time suspended except 8 days with good time credit allowed (if earned) and credit for 4 days previously served.
Upon release, Riggle would also be placed on probation for one year, with 90 days to be spent during in-home electronic detention and a 90-day suspension of his driver's license (retroactive to the first notice set by the Indiana Bureau of Motor Vehicles).
However, Trout believed the sentencing recommendation needed to have community service attached.
"As I told you before Mr. Riggle, I can accept or deny a plea agreement being ever mindful that I'm a judge and not involved in these negotiations. I can't interject my own opinions in a plea agreement created by the prosecutor's office or the defense attorney, but if I accept it, I'm bound to enforce it," Trout said to Riggle. "I'm inclined to object to this plea agreement without a community service addition."
When asked if either the prosecution or the defense objected to amending the agreement to show Riggle would do 80 hours of community service at the Clay County Humane Society, neither side objected and it was added to the plea agreement by Trout.
Trout also ordered the remaining amount of Riggle's bond returned to him after the court fees were assessed.