COVID-19 in the eyes of law enforcement

Friday, April 3, 2020
Clay County Prosecutor Emily Clarke - “We are not going to stop people just to check on a potential violation of the governor’s executive order.”

Officials confirmed a Brazil man arrested March 27 was booked into jail with a violation of Indiana Gov. Eric Holcomb’s executive order requiring Hoosiers to stay at home.

However, the Clay County Prosecutor’s Office selected not to formally charge the violation of the order.

(NOTE: A person is presumed innocent until proven guilty in a court of law. Being there is a heightened state of anxiety during the COVID-19 outbreak, the man’s identity is not being released because there was no formal charge filed in violation of the governor’s order.)

The Stay At Home Order is a class B misdemeanor. Anyone who “knowingly, intentionally or recklessly” violates the order commits the offense, which is punishable if convicted with an advisory sentence of up to 180 days incarceration and $1,000 fine.

Both Clay County Prosecutor Emily Clarke and Deputy Prosecutor Zachary Clapp explained to The Brazil Times they don’t intend to charge anyone with the misdemeanor unless a person’s extreme actions warrant it.

In the case of the unidentified Brazil man involved in an ATV accident: The arresting officer charged the man with preliminary charges of level 6 felony Operating a vehicle while intoxicated with prior convictions, a class A misdemeanor Operating a vehicle with a Blood Alcohol Content (BAC) of .15 or more (twice above the legal limit), and a class C misdemeanor Operating a vehicle while intoxicated. These charges are of a higher level and carry a more significant sentence if convicted than that of the executive order.

“We are not going to stop people just to check on a potential violation of the governor’s executive order,” said the prosecutor. “People still have rights during this COVID-19 situation. They are allowed to be out of their homes on a number of various reasons according to the governor’s order.”

Officials agree people are allowed to voluntarily comply with the reasonable requests to “self-quarantine,” use “social distancing” of 6-feet when out in public, and to practice the use of safe hygiene practices to help stop the spread of the coronavirus.

However, the charge is there if and when law enforcement needs it.

Protocols are in place at Clay County 911 Dispatch when calls for medical emergencies ate taken. A few questions allow a dispatcher to alert first responders going on a medical call to take various health precautions before arriving.

Medical emergencies are not usually the typical type of calls for service for law enforcement. Local law enforcement officers are provided with personal protective equipment for their use during COVID-19, but supplies are limited.

However, an officer responding to an emergency might not have the time to use them.

“If an officer is driving down the road, and sees a fight in progress with weapons being used, that officer can’t ask the subjects involved to stop the fight while he puts on gloves and a face mask,” said Assistant Brazil Police Chief Dennis Archer, who admits personal risk is a factor law enforcement officers face every day. “All law enforcement officers are out there working to protect their communities right now. We are doing our best to stay safe on an individual basis, and for our families. We are also going to protect the offender as well. If we are needed, we will be there.”

Contrary to rumors, no confirmed case of COVID-19 has occurred at the Clay County Justice Center, which is continuing normal operations, although the lobby is closed to the public. Video visitation and phone calls with inmates are ongoing, which can be done at home by an inmate’s family by using videovisitanywhere.com. (To place money on an inmate’s books, families can use tigerdeposists.com.)

The medical staff at the jail facility is following the health guidelines and checking the population daily.

Officials say inmates at the facility are taking pride in their own efforts to keep housing areas clean and following social distancing and proper handwashing.

“A jail is already set up to be a quarantine-like situation, and each unit at CCJC is separated by design. Even if a case of influenza is diagnosed at the facility, there are protocols in place to ensure everyone’s safety and health,” said Clay County Sheriff’s Department Chief Deputy Josh Clarke. “Actually, being in jail during COVID-19 is probably one of the safest places to be right now.”

For the most part, people are complying with the stay at home order implemented March 24, that allows people to visit state parks or to walk, run or ride bikes near their homes, but people are required to use social distancing of at least 6 feet while engaged in these activities.

Residents are also allowed to travel to work, check on family members who need medical assistance or to ensure adequate food supplies, visit grocery stores and pharmacies for necessary supplies, but should avoid social visits and activities. The governor’s executive order, unless extended, expires at 11:59 p.m. April 6, and covers residents throughout the state.

The Indiana website cites: “For your safety, as well as the safety of all Hoosiers, you should remain at home to help fight the spread of COVID-19.”

As local officials do their best to limit exposure to COVID-19, residents are also watching and questioning why so many people, and families, are still out in public and apparently not taking the situation as seriously as requested. People are calling in “reports” about others who are not allegedly complying even before the confirmation of the first case of COVID-19 in Clay County on March 28. (No new cases were announced as of press time Tuesday, March 31.)

“If people would just stay home and follow the safe handwashing and social distancing techniques, health officials could get a handle on this,” Clay County Health Nurse Kim Hyatt told The Brazil Times. “We need people to continue to do what we all have been told to do. We can get this under control.”

Comments
View 1 comment
Note: The nature of the Internet makes it impractical for our staff to review every comment. Please note that those who post comments on this website may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.
  • “If people would just stay home and follow the safe handwashing and social distancing techniques, health officials could get a handle on this,” Clay County Health Nurse Kim Hyatt told The Brazil Times. “We need people to continue to do what we all have been told to do. We can get this under control.”

    Clay County please listen and practice these simple guidelines. Think of others. Do not think of your own convenience. You may be one who is more susceptible to the adversity of COVID 19.

    -- Posted by Tina Heffner on Mon, Apr 6, 2020, at 10:32 AM
Respond to this story

Posting a comment requires free registration: