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Tuesday, May 3, 2016

Area man back in court following altercation

Thursday, June 16, 2011

(Photo)
Michael O'Neal
A Brazil man was back in court after another run-in with the law causes probation problems.

According to records on file at the Clay County Courthouse, Michael R. O'Neal, 27, appeared via video conference in Clay Superior Court Wednesday. O'Neal admitted to his involvement in a violent altercation with Vermillion County law enforcement officials in December 2010, a violation of the terms of his probation.

O'Neal was currently out on probation for an incident involving local law enforcement officials in March 2009. Two Brazil City police officers sustained minor injuries while attempting to arrest an "extremely intoxicated" O'Neal during a report of a fight in progress on West Montgomery Street.

Although he left the scene, when officers located O'Neal, who was apparently injured from a previous struggle, he ran away. A chase ensued, which ended in a struggle with officers when O'Neal refused to comply.

O'Neal continued to struggle, spit and hit emergency responders who arrived on the scene and fight and make death threats to staff at St. Vincent Clay Hospital.

Results of a blood alcohol test performed on O'Neal returned a .21 reading, which is almost three times the legal limit (.08).

Although he ultimately calmed down enough to receive medical treatment and be released from the hospital, O'Neal began to fight with jail personnel at the Clay County Justice Center during the booking process.

On July 27, 2009, O'Neal pled guilty to two counts each of class D felony Strangulation and Battery Resulting in Bodily Injury and class D felony Battery by Bodily Waste. He was sentenced to the Indiana Department of Correction for three years, suspended with the exception of 18 months. Upon his release, O'Neal was ordered to obey all laws.

However, on Dec, 4, 2010, O'Neal was charged with class D felony Battery by Bodily Waste, class A misdemeanor Resisting Law Enforcement and Battery Causing Bodily Injury and a class B misdemeanor charge of Disorderly Conduct for allegations he was involved in another violent confrontation with law enforcement in Vermillion County.

Allegations in the yet to be resolved case include O'Neal attacked, verbally assaulted, spit and urinated on several officers from the Clinton Police Department during his arrest and while receiving treatment at Union Hospital Clinton, Clinton. O'Neal apparently received medication to help calm him at the hospital because his behavior endangered hospital staff in the emergency room.

Other allegations in the probable cause affidavit on file at the Vermillion County Courthouse include O'Neal was intoxicated when he attacked an unidentified female and struggled with two other individuals, who had to "tackle" O'Neal and hold him until authorities arrived.

In January, upon learning of the new charges filed against O'Neal, the Clay County Prosecutor's Office requested an arrest warrant be issued from Clay Superior Court.

On March 21, O'Neal voluntarily pled guilty in Vermillion court to two counts of class A misdemeanor, including Resisting Law Enforcement and Battery. The class D felony Battery by Body Waste and a class B misdemeanor Disorderly Conduct was dismissed by the state.

O'Neal was sentenced to serve one year each (to run concurrently) in the Vermillion County Jail for the charges. Since O'Neal had served 95 days prior to the sentencing, and was allowed good time credit, the court acknowledged he had served his time in the matter and was released on terms of probation.

While O'Neal dealt with the case in Vermillion County, local officials waited for their chance to get him in court on allegations his probation in Clay County should be revoked.

Although the run-in with Clinton Police was enough to bring O'Neal back to appear in court, the Clay County Prosecutor's Office also filed allegations against O'Neal that he failed to comply with the terms of probation, including seeking counseling and treatment and failure to pay $959 in fees ordered by the court.

On Wednesday, the court appointed attorney Matthew Effner to act as O'Neal's counsel during the upcoming sentencing portion of the case. A sentencing hearing is scheduled for July 11. O'Neal remains in custody at the Clay County Sheriff's Department without bond while awaiting further court proceedings to revoke his probation.


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He needs to stay away from the alcohol and take a chill pill.

-- Posted by indianamama on Wed, Jun 22, 2011, at 5:13 PM

Sounds like rehabilitation is working for this kid .. good job! Twice he's been incarcerated for the same offense and twice he's been allowed "good behavior" and out.

If I were the police, I'd arm myself with a taser and when he opened the door, immediately taze him .. to prevent the "assualt with bodily fluids" charge.

-- Posted by Emmes on Thu, Jun 23, 2011, at 11:59 AM


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