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Clinton County - page 6

Judge: “Prosecutorial immunity is absolute,” “even if… acts are alleged to have been done maliciously or corruptly”

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Clinton County Prosecutor Anthony Sommer and Clinton County Sheriff Richard Kelly
Clinton County Indiana Prosecutor Anthony Sommer (L) and Clinton County Indiana Sheriff Richard Kelly pose for a photo after the December 2018 swearing-in of elected officials held inside the Clinton County Indiana courthouse. (Photo/Facebook)

FRANKFORT, Ind. (April 20, 2024) – A Special Judge overseeing a lawsuit brought by Richard Kelly and his wife Ashley against Anthony Sommer – in which the Kellys allege, in-part, Clinton County Prosecutor Sommer provided “falsified documents” to a journalist “with intent to defame them” – has been dismissed.

Special Judge Bruce Petit reasoned Prosecutor Sommer – through “well established” “case law in Indiana” – “enjoys absolute immunity from civil liability” as the “actions taken by (Sommer), whether corrupt or not, directly fall within the function of the Office of Prosecuting Attorney.”

The seven-page order handed down by Judge Petit Friday afternoon details the Kellys’ suit, that “due to a political falling out between the parties, (Sommer) initiated criminal investigation of (the Kellys) by reporting the operation of the Jail commissary to the Indiana State Board of Accounts (SBOA)” which garnered media coverage.

One such media report on October 7, 2021, posted to “RadioMom 91.1/91.5”, drew the attention of Sommer who asked for a meeting with the journalist of the article.

The Kellys allege during an October 8, 2021, meeting between Sommer and the journalist,
“(Sommer) took issue with the facts as reported in (the journalist’s) article and insisted that (the journalist) revise his article to include additional income earned by Mrs. Kelly.”

Also during the meeting, “(Sommer) provided a document to (the journalist) which (Sommer) represented as a Jail Commissary Report prepared by the Clinton County Jail and as a result, were documents created by (the Kellys).

“This report alleged to contain accounting and mathematical data showing the transfer and disappearance of millions of dollars. It is (the Kellys’) contention that this report was falsified, (Sommer) knew it was a false report and provided it to (the journalist) in an attempt to harm the reputation of the (Kellys).”

Judge Petit called the alleged “falsified documents” the “most significant issue in the case.”

Adding, “(The Kellys) claim these documents contained false evidence that (Sommer) knew to be false which gave credibility to the allegation that (the Kellys) had committed criminal offenses.

“This is very disturbing to this Court and certainly could expose (Sommer) to possible criminal prosecution and/or severe disciplinary actions if proven.”

The Kellys have filed a disciplinary complaint with the Indiana State Supreme Court Disciplinary Commission according to an April 22, 2022, WLFI report. There has not yet been a public outcome provided at the time of this article.

The Kellys, who each face four Felony 6 charges, are set to stand trial beginning October 7, 2024, according to online court documents.

Note: The journalist referenced in the above case is the author of this article.

Annex Basement Wall that Failed Had Previously Passed County Inspection

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Annex Basement Wall that Failed Had Previously Passed County Inspection
The north-side basement wall of the new Clinton County Annex failed when concrete leaked from the form. Photo taken April 9, 2024, showing work taking place to remove the wall to allow for a repour. (Photo: Brett W. Todd)

FRANKFORT, Ind. (April 17, 2024) – The north-side basement wall of the new Clinton County Annex that failed when concrete escaped the form – not allowing the wall to meet standards – had previously passed county inspection prior to the concrete pour.

During Tuesday’s commissioners meeting, commissioners President Jordan Brewer stated “the wall did not collapse.” Commissioner Bert Weaver previously stated it had when speaking during the April 9th County Council meeting.

Brewer added, “a form was not properly installed and it had a little plug that allowed for the concrete to leak out. It leaked out all weekend – we received the rain which then put pressure on the uncured portion of it and continued out.”

After the meeting Brewer was asked if there had been a determination that led to the issue.

“Human error,” Brewer responded. “I’ll just be honest – it was done on a Friday afternoon. If I am being really honest about it – we got lazy and wanted to get done as soon as possible and didn’t double check our work.

“I don’t believe there’s any inspection of the forms – like the inspection doesn’t come until after they’re pulled off and they inspect the work of the concrete. If I understand correctly.”

Clinton County Area Plan Commission executive director Liz Stitzel stated that her office inspected the rebar and forms prior to the concrete pour.

“When you inspect a wall – you inspect the forms and rebar to make sure everything is tied together before concrete is poured,” commented Stitzel. “So, we did that inspection. They poured the concrete and the pour failed. We were notified and we went out and documented it.”

The County is able to perform its own building inspection of the Annex despite the structure being built within the City of Frankfort via an inter-local agreement between the City and the County Area Plan Commission.

The north-side wall will be removed and repoured to correct the issue.

Both Brewer and County Council President Alan Dunn each stated taxpayers will not be asked to pay more as this additional cost is covered by Envoy – the company overseeing the project via the Build, Operate, Transfer procurement ad build process where overages that are deemed the result of Envoy will not be passed on to the county.

The $16+ Million, three-story building being built at the corners of Main St and Washington St is slated to be completed in early 2025.

Clinton County Coroner Ed Cripe Named President of Indiana Coroners’ Association

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Clinton County Coroner Ed Cripe has been elected president of the Indiana Coroners' Association. (Photo provided by Clinton County government)

FRANKFORT, Ind. (February 14, 2024) – Clinton County Coroner Ed Cripe has been elected president of the Indiana Coroners’ Association. The not-for-profit organization supports coroners across the state through education, training, and the provision of resources essential for effective death investigations.

Cripe, who served as the association’s Vice President last year, assumed the presidency January 1. In his new capacity, he will oversee all association meetings and serve as the Legislative Chairman, advocating for coroner-related issues at the state capitol.

“It is an honor to be entrusted with the presidency of the Indiana Coroners’ Association,” Cripe stated in a media release. “I am committed to upholding our mission and ensuring that coroners across the state have the necessary resources and support they need to carry out their vital responsibilities.”

With a tenure spanning over two decades, Cripe’s dedication to the coroner profession is evident through his active involvement in organizations such as the Association of Indiana Counties, where he serves on the Legislative Committee. He is also an instructor for the Indiana State Coroners Training Board. Cripe, who previously served as Clinton County Coroner from 2005 to 2012, resumed office in 2021 and is currently on the Republican 2024 primary ballet for coroner.

Long to Leave FHS for Indiana Association of School Principals

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Frankfort High School principal Cindy Long shown in a video frame from her November 10, 2023, address announcing the creation of the Frankfort Virtual Academy. Long will leave FHS June 30, 2024, for a position with the Indiana Association of School Principals. (Video frame / Community Schools of Frankfort, Facebook Page - 11/10/23)

FRANKFORT, Ind. (February 14, 2024) – Frankfort High School principal Cindy Long has accepted a position with the Indiana Association of School Principals (IASP) and will leave FHS June 30, 2024.

The Frankfort School Board accepted her resignation at its Tuesday evening meeting.

Long has been employed with the Community Schools of Frankfort (CSF) for 23-years as first a teacher, then FHS assistant principal and since August 2019 FHS principal.

At IASP, Long will join a former FHS principal, Dr. Todd Bess. Dr. Bess serves as the executive director.

CSF Superintendent Dr. Matt Rhoda described Long’s new role with IASP as an “assistant director and work with law makers to help impact laws that affect public education.”

He shared Long has been a “great leader at the high school and will be missed.”

Dr. Rhoda is hopeful to have a candidate selected to fill the position in time of the May 14 school board meeting noting June is a busy hiring time for schools and wanted the new person to be in place by June to “(work) with Cindy” and have “the opportunity for any open positions to be able to hire.”

County Commissioners Forced to Find New Insurance Coverage

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County Commissioners Forced to Find New Insurance Coverage
Archive photo of the Clinton County Indiana Courthouse located in Frankfort, Indiana. The Clinton County Commissioners selected a new insurance carrier for properties and assets. Great American was selected during a special meeting Thursday, February 1, 2024. (Photo Brett W. Todd/September 2023)

FRANKFORT, Ind. (Feb. 2, 2024) – The Clinton County Commissioners were presented with only two insurance companies willing to insure county properties and assets during a special meeting of the commissioners held Thursday at the Clinton County Courthouse.

The force to find new coverage was the result of being served with a 60-day non-renewal notice from Tokio Marine, the county insurer for the past three years. The county received the letter on November 27, 2023, stating Tokio Marine was withdrawing from the market place.

Todd Jackson with McGowan Insurance Group, the county insurance broker, made the presentation and commented only two companies presented offers – Trident and Great American. He recommended the commissioners select Great American with a 15 percent premium increase over 2023, while Trident was 22.7 percent.

Jackson shared only “ten to twelve” companies work to insure public entities with the “least desirable being counties due to landfills, county homes, and jails.”

The new coverage comes with an additional “$9 million in property value that needed to be done to maintain replacement cost on everything” according to Jackson.

The coverage went into effect Thursday – running February 1, 2024 through January 31, 2025.

The 2024 premium at the time of signing on February 1st was quoted at $636,457 which will fluctuate with additional assets purchased or new employees due to workers compensation coverage.

The premium includes the Great American coverage as well as carriers for workers compensation, cyber security, and liability coverage for the county home – the county home property is covered in the Great American policy.

Jackson explained the “real rate” increase to be closer to “ten to eleven” percent.

“I would say the property bump, exposure we added probably accounts for three-and-a-half to four percent of that and pull the payroll rate back and we are at ten to eleven percent,” Jackson said.

The county had budgeted an insurance premium cost increase during its August 2023 budget sessions.

Commissioner Jordan Brewer shared his thoughts on the increase and what might be a “silver lining” in all of this.

“We list the prior premiums and it looks like a large jump, but that prior doesn’t include what an increase would have been if Tokio Marine would have stayed,” Brewer said. “The silver lining is – I don’t know if this is a good thing or a bad thing – we budgeted enough so we don’t have to go back and ask for more from council.”

Clinton County Sheriff’s Office Motorcycle Patrol Presence Leads to Arrest of Crawfordsville Man on Multiple Outstanding Warrants

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Michael Walker, 35, of Crawfordsville was arrested on outstanding warrants for FTA Possession of a Synthetic Narcotic (Montgomery County), Dealing Methamphetamine (Howard County) and Carrying a Handgun without a License (Howard County) on Wednesday, January 3, 2024, at approximately 3:30p.m. in Clinton County Indiana after a brief foot pursuit. (Photo: Clinton County Sheriff's Office)

CLINTON COUNTY, Ind. (January 8, 2024) – According to the Clinton County Sheriff’s Office (CCSO), Michael Walker, 35, of Crawfordsville was arrested on outstanding warrants for FTA Possession of a Synthetic Narcotic (Montgomery County), Dealing Methamphetamine (Howard County) and Carrying a Handgun without a License (Howard County) on Wednesday, January 3, 2024, at approximately 3:30p.m.

CCSO Sergeant Tom Farlow and Sergeant Thomas Pelling were returning to the Clinton County Sheriff’s Office on their Harley Davidson patrol motorcycles following the completion of a funeral escort, when they observed a suspicious vehicle in the area of County Roads 500N and 300E. The vehicle, a Black 1995 Dodge Dakota pickup truck pulled into a residence familiar to both sergeants. After notifying the homeowner, they learned the vehicle did not belong at the property. Deputy Nick Light and Deputy Nevin Creasy were also returning from the same funeral escort in their fully marked Tahoes and arrived on scene to assist.

Upon pulling into the residence, Sergeant Pelling observed a male subject fleeing the vehicle on foot. At this time, Sergeant Joey Mitchell (K9 Rip), Deputy Nevin Creasy, Detective Mark Pinkard and Detective Jon Greiner responded, along with Frankfort Police Department Unmanned Aerial Vehicle (UAV) Operator Officer Brett Waggoner.

Officer Waggoner deployed his UAV and quickly located the suspect. During the investigation, deputies determined the truck had been reported stolen out of Montgomery County.

Deputies have requested additional charges of Theft of a Motor Vehicle, Possession of a Syringe and Possession of Marijuana; formal charges are pending review by the Clinton County Prosecutor’s Office.

Former Clinton County Sheriff, Frankfort Police Chief Paul Underwood Dies

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Former Clinton County Sheriff, Frankfort Police Chief Paul Underwood died January 5, 2024, at the age of 92. (Photo: Clinton County Sheriff's Office)

FRANKFORT, Ind. (January 8, 2024) – Former Clinton County Sheriff and Frankfort Police Chief Paul Underwood died January 5th at the age of 92.

Underwood joined the Frankfort Police Department in 1960 and served as chief from 1980 to 1984. Upon retirement from FPD in 1986, he was elected sheriff two-times serving from 1987 through 1994.

Prior to a career in law enforcement, Underwood served in the U.S. Army from 1951-1953, making the rank of Corporal.

Visitation will be from 12 Noon-3 p.m. Friday, January 12, 2024, at Goodwin Funeral Home, 200 S. Main St., Frankfort. Funeral service will begin at 3 p.m. at the funeral home. Burial will follow in Bunnell Cemetery.

Exterior Renovation of Courthouse To Begin September 25th

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The Clinton County Courthouse will undergo a years long restoration beginning September 25, 2023. The public will begin to see scaffolding erected around the site next week. (File Photo Brett W. Todd, September 4, 2022)

FRANKFORT, Ind. (September 18, 2023) – Exterior renovation of the Clinton County Courthouse will begin next Monday, September 25th, according to commissioner Jordan Brewer.

Commissioner Brewer provided the update during this morning’s meeting stating the public will begin seeing scaffolding going-up next week.

The exterior project is the first of a $9,442,080 restoration project of the Courthouse with phase two being interior work. Interior work will not begin until completion of the Annex building at the corner of Washington St and Main St. The cost of construction of the Annex is pegged not to exceed $17,750,000.

Annex construction should begin soon with preliminary work on site taking place now.

City Councilman Michael Brite Resigns from City Council and Redevelopment Commission

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Michael Brite, Frankfort city councilman for the 3rd district, has announced in a public Facebook post dated September 12, 2023, he has resigned his position effective immediately. In the file photo, Brite is listening to a presentation during a December 12, 2022 city council meeting. (Photo Brett W. Todd)

FRANKFORT, Ind. (September 14, 2023) – City councilman Michael Brite (District 3) has resigned from the city council according to a public Facebook post made on his personal profile. The resignation is effective immediately – he and his wife, Kathy, are moving to Florida.

The resignation comes just one day after he announced prior to the conclusion of the September 11th city council meeting he was resigning immediately from the Frankfort Redevelopment Commission – the council approved councilman Eric Woods to fill Brite’s seat on the RDC.

Brite, who was serving his first term on the council after a 2019 election win, had won the May 2023 Republican primary in an uncontested race – a caucus will be held within 30-days after official papers are filed with the county clerks office.

Below is Brite’s full statement:

“As most of you know Kathy and I are moving to Florida. I have informed Mayor sheets this evening that I am resigning from the City Council effective immediately. Before any of the conspiracy theorists get any ideas it’s not because of our Mayor. I would like to take this time to thank the Council and the Mayor. I have enjoyed working with you all. I know that all these Council members and The Mayor are doing a great job in moving our city forward. We are not always going to make everyone happy but one thing I have learned is the ones that are happy stay quiet but the 5 or 6 unhappy people that have never made it to a meeting in my 4 years, they are the ones that make the most noise and unfortunately make you wonder if the job is worth it. Being told that you’re on the take, ,your part of the good old boys and bla, bla, bla. I guess there will always be those types of people. I just wish they would run and win so they could then be accused of the same thing. Oh well enough of that. I love Frankfort and always will. I think there are great things ahead for this city. Thank you Mayor for hanging in there and thank you City council. By the way you 5 or 6 haters, keep up the good work and try to at least come to one meeting in the next 4 years.”

 

‘Throwing The Baby Out With The Bath Water,’ Mayor Ends HPC

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A Christian Ridge Historic District marker sits atop street intersection signs in Frankfort, Indiana. Frankfort Mayor Judy Sheets got what she wanted during the September City Council meeting held Monday evening - the elimination of the Historic Preservation Commission on a 5-2 vote. The enforcement of historic standards in the three historic districts now falls on the city building inspector. (Photo Brett W. Todd)

FRANKFORT, Ind. (September 12, 2023) – Mayor Judy Sheets got what she wanted during the September City Council meeting held Monday evening – the elimination of the Historic Preservation Commission on a 5-2 vote.

Councilman Clarence Warthan and Brandt Fuller voted against the ordinance to immediately dissolve the HPC and place the policing of historic standards onto the city building inspector – the city currently does not have a building inspector.

The mayor had previously said the HPC was “keeping us from getting work done and they only meet once a month”

During public comments prior to the vote, Reverend Philip Jordan addressed the council encouraging the members to vote in favor of ending the HPC.

Rev. Jordan, who has owned a home for 27-years and situated within a historic district, spoke of having the painting of his home halted by the HPC – describing the experience as feeling much like a “gross over-reach into our personal lives.”

Tommy Kleckner, director of Indiana Landmarks for the Western Region, explained the city’s ordinance that formed the HPC is based on Indiana state law and lacks essential updates the state has made. And, updating the city ordinance would allow the commission to have the proper tools to serve the community.

Kleckner equated the dissolving of the HPC without first addressing the underlying fixes amounts to “throwing the baby out with the bath water.”

Bud McQuade also addressed the council. McQuade, who served as the chair of the HPC and served as building inspector when Don Stock was mayor, took his allotted 3-minutes to speak to a one-page summary of suggested ideas to improve the efficiency of the commission – “more fluid, more receptive to the needs of the city and the citizen.”

Prior to the close of the council meeting, councilman Steve Beardsley asked the mayor to “appoint a taskforce to look at historic districts to honor what we said tonight which is we do not want a gap in this.” Beardsley suggested two names to the mayor upon request, Stock and McQuade.

After the meeting the mayor was asked the taskforce suggestion and what might a timeline look like to having this in place.

“I haven’t even really thought of a timetable, but counselor Beardsley asked me to put a committee together – so I am going to be working on that. It’s something I thought about anyway even before this because I had no idea what would happen tonight – I was just waiting to see what they said.”

The mayor was asked – you were really surprised? – “I really did not know. I hadn’t had any conversation with any of the counselors.” The mayor acknowledged that she did not speak to any members of the HPC prior to introducing the ordinance in August.

As the city is without a building inspector and the job posting has recently been removed from the city website, the mayor was asked of the status and if someone has been hired.

“We have not hired anyone,” the mayor said. When asked about applicants and interviewing, the mayor said, “We have interviewed some people. We just have not made a decision.”

When might a decision be made?

“I say probably in the next couple of weeks we will know something,” said the mayor.

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