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Clinton County Sheriff’s Office

Audio Between Prosecutor and Journalist Released, Indiana Appeals Court Revives Defamation Suit Against Prosecutor Over Jail Fund Comments

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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. (March 26, 2025) — A recent ruling by the Indiana Court of Appeals has revived a defamation lawsuit filed by Clinton County Sheriff Richard Kelly and his wife, Ashley Kelly, against County Prosecutor Anthony Sommer. The appellate court reversed a lower court’s decision to dismiss the case, finding that questions remain regarding whether Sommer’s statements to the media about an investigation into the Kellys’ management of jail funds were protected by prosecutorial immunity.

Today, we released the audio between the prosecutor and the journalist.

The audio is from an October 8, 2021, encounter where Prosecutor Sommer invited the journalist to view a “publicly available commissary report” for the first six months of 2021 in his office.

However, it was not the publicly available commissary report as promised – it was a fabricated report.

Over the next week of October 2021, the actual report submitted by Sheriff Richard Kelly during the July 13, 2021, County Council meeting was requested from both the county auditor and sheriff’s office revealing the report provided by the prosecutor was fabricated.

The fabricated report showed incorrect disbursements, incorrect deposits, a wrong check number, a missing check number and even a million dollar change in balance.

As a note, the fabricated report was uploaded as evidence in the county’s lawsuit against Sheriff Kelly and Matron Ashley Kelly on October 25, 2021, 79C01-2104-PL-000035. In the motion to dismiss its case, the county – through their attorney Tom Little – wrote: “Defendants submitted a detailed report of the Clinton County Sheriff’s Commissary Fund with listed activity for the first six months of 2021 to the Clinton County Council, attached here to as “Exhibit A”

An email dated December 27, 2021, between County Council President Alan Dunn and county attorney Little – in which the journalist was copied on – Dunn wrote to Little, “… I spent some time yesterday going over the spreadsheet and I did find several errors, which I have corrected in the version that is attached. … I was not aware at the time that my work would be submitted to the Court as an official County document, so now knowing that it has been I think we need to submit this corrected version as soon as possible. If you could do so, I would really appreciate it.”

The journalist is the author of this post.

Click here to be directed to Spotify or listen to the audio below:

Commissioner Bert Weaver Passes Note: “Ask for a 10-Minute Break”

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Clinton County Commissioner Bert Weaver, right, holds the door open for Clinton County Deputy Melissa Trump's attorney Adam Brower. Weaver passed a note to Brower during the October 16th Merit Board hearing so he could talk to him. The meeting took place inside Central Dispatch in the basement of the Clinton County Sheriff's Office. (Image from video obtained by CCT via Indiana Access to Public Records Act)

FRANKFORT, Ind. (November 18, 2024) – Since the conclusion of the Clinton County Commissioners meeting on November 7th – where commissioner Bert Weaver criticized sheriff Rich Kelly for his handling of the investigation of Deputy Melissa Trump along with the reassignment of her K9 partner, Tiko, to another Deputy plus the costs of the investigation that Weaver estimates exceeds $100,000 – Weaver has admitted to passing a note to Deputy Trump’s attorney during the Merit Board hearing conducted on October 16th.

Weaver told Clinton County Today the note he handed to Adam Brower read, “ask for a 10-minute break.” Weaver wanted the break so he could address a statement by Brower at the beginning of the hearing regarding whether or not the commissioners and the sheriff got into an argument during a commissioners meeting.

Weaver indicated he and Brower spoke in a secured area of the Sheriff’s Office – specifically, Central Dispatch. A review of the Merit Board hearing confirms Brower asked for the break saying, “do you want to take a break,” during a pause in testimony of Detective Dan Roudebush.

Video from the Central Dispatch door camera, obtained under the Indiana Access to Public Records Act, shows Weaver opening the door and beginning to enter Central Dispatch while pressing the door open allowing Brower to enter behind him.

The admission by Weaver came after CCT asked Weaver if he had been in contact with Brower regarding the return of Tiko to Deputy Trump.

During the November 7th commissioners meeting, Deputy Trump shared publicly Brower told her at some point after the Merit Board hearing “it sounds like you’re getting your dog back… you just need to be quiet about it.”

Commissioner Uitts asked Deputy Trump, “I am curious how your attorney gained that knowledge?” Deputy Trump replied, “I’m not sure. He just told me to kind of not talk about it.”

Weaver told CCT he has not had any conversations with Brower regarding Tiko; however, Weaver is supporting the return of K9 Tiko to Deputy Trump.

Regarding the $100,000 or more in costs associated with the investigation into the alleged actions of Deputy Trump, Weaver shared the items consisting of that figure include salary and benefits paid to Deputy Trump as well as overtime costs associated with covering Deputy Trump’s shifts while she has been on either administrative duties or paid administrative leave.

A document provided by the Clinton County Auditor’s office to CCT details how Weaver came to the amount he shared. The amount for eight months (March 26th – November 30th) is $62,193.50 for Deputy Trump; including salary, medical and life insurance (county’s portion), county’s match on taxes and pension contribution.

The document contains information for overtime to cover shifts that Deputy Trump was not on the road and is a very broad range from $53,431.26 to $80,155.79 that would add to the cost.

CCT has asked the Sheriff’s Office and Auditor’s Office how much of the overtime budget has been used in 2024 and how that amount compares to previous years as well as how much of the overtime was the result of covering Deputy Trump’s shift currently. CCT is working to determine the answer.

Commissioner Jordan Brewer shared the situation has been mismanaged and should have been handled within the Sheriff’s Office and not have to escalate to the Commissioners adding if Deputy Trump had been allowed to resign and purchase Tiko, the county could have avoided the costs associated with her suspension and the merit board hearings.

Brewer stated, “I’m stepping back and looking at it from a county perspective. If I’m making a financial decision and if this individual has offered me – making the assumption all this is true – offered to resign, will purchase the dog for $6,000. So now, I get money to get a new dog and I am now x amount of months ahead in the hiring process of getting somebody [new].

“Obviously [the sheriff] took charges to remove her from her position so they don’t want her at the department anymore. Now you can hire someone new to be in that place and you’ve expedited the whole process instead of taking eight months like it has.

“I’m just stepping back as a business person – that’s how I look at it. Okay it cost me, I get rid of you know the ‘bad apple’ if that’s how I feel as the decision maker; they’re going to pay for the dog, I get to go get a new dog and hire a new person so that my Department’s not under manned.

“That’s how I would look at it instead of wanting to go through a whole process that is all fair but then ultimately has to come to us and we really don’t even need to be a part of it.”

Regarding the offer of Deputy Trump to resign and purchase Tiko in the quote above. Brewer and CCT spoke as to whether or not the comment was made by her in the meeting. A review of the meeting reveals Deputy Trump did not mention “resign.”

She said, “I, through my lawyer Adam Brower, asked the sheriff’s office if I could purchase Tiko. I was told no because they had too much invested in him.”

CCT followed-up by phone with Deputy Trump to clarify the offer to resign and purchase Tiko in exchange for Merit Board charges to be dropped.

Deputy Trump shared that the sheriff’s attorney – Tonya Bond – called her attorney asking about resignation twice. The second inquiry is when Deputy Trump reportedly asked about resigning but only if she could purchase Tiko – she could not recall the timeline as to when that offer was made.

K9 Tiko has been reassigned to Deputy Preston Hillman for the past two months. The two have recently achieved certification from the North American Police Work Dog Association (NAPWDA).

Deputy Trump surrendered K9 Tiko on May 31st.

Sheriff Kelly responded to Deputy Trump’s statements by emphasizing that the situation was purely about disciplinary issues – not a personal vengeance. He stated that when the Sheriff’s Office receives complaints about officers’ behavior or discipline, they must uphold the rules and regulations outlined in the Sheriff’s Office policies and Merit rules. He attributed the extended timeframe of the investigation to the need for both an internal and criminal investigation, with the latter taking precedence.

Kelly explained that finding an unbiased prosecutor outside the county further prolonged the process, and once the prosecutor decided not to file charges, the case was passed to the Merit board, who also needed time to conduct their own proceedings.

Kelly asserted that K9 Tiko was an asset meant to serve the community, not for “popularity votes” or “likes on the internet”. He argued that Deputy Trump was using the dog for personal gain, and that this behavior necessitated the K9’s reassignment.

Kelly highlighted that finding a volunteer to take on the responsibility of handling a K9 was an “extreme ask”, requiring significant personal and private commitment. He emphasized that K9 Tiko was not medically unfit for service and had several years of service left. He also addressed the cost of training K9s, noting that it had increased due to the need to use an outside facility. This cost included not only the initial purchase price of the dog but also man-hours, travel time, and housing for both the dog and the handler.

Kelly concluded by stating that K9 Tiko was a valuable asset to the community and that the decision to reassign him was made to ensure he could continue working. He expressed his willingness to discuss the timeline of the investigation with Commissioner Weaver at a later time.

Deputy Trump asked the commissioners at the November 7th meeting that K9 Tiko be retired and allow her to purchase him, adding “just name your price.”

The Clinton County Commissioners are scheduled to meet November 19th to decide the fate of K9 Tiko.

Background

Deputy Trump has been paid since March 2024 after allegations of underage drinking at her residence and dishonesty during the ensuing internal investigation. She also faced both an internal and criminal investigation into her alleged use of county assets in social media posts to either receive product and/or compensation. The social media investigation was forwarded to a special prosecutor for consideration of charges to be filed; however, no charges were filed.

At the October 16th Merit Board Hearing, sheriff Kelly’s attorney announced the social media charges had been removed, but stated sheriff Kelly would file those charges should Deputy Trump be allowed to keep her job.

The Merit Board found Deputy Trump violated four Merit Board Rules and Regulations of the five charges filed by Sheriff Kelly – including Truthfulness and Conduct Unbecoming to An Officer.

The Merit Board voted 3-1 to impose a disciplinary penalty of 30 working days without pay based on its preceding findings – equates to two months without pay. Deputy Trump begins her suspension on November 25.

Deputy Trump Discusses Merit Board Decision, Future Plans

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FRANKFORT, Ind. (October 28, 2024) – Clinton County Sheriff’s Deputy Melissa Trump sat down for an interview on October 24th to discuss the recent Merit Board hearing decision, ongoing investigations, and the future of her career. During the hour plus long conversation, Deputy Trump expressed mixed emotions about the outcome of the hearing and raised concerns about procedural issues regarding the arrest of her son during the hearing, potential bias against her, and the impact on her future in law enforcement.

The Merit Board found Deputy Trump violated four Merit Board Rules and Regulations of the five charges filed by Sheriff Rich Kelly.

The four charges Deputy Trump violated according to the Merit Board Findings of Fact, Conclusions, and Decision document are: Conduct Unbecoming to An Officer; Conformance to Laws; Individual Obligation and Duties of All Personnel; and Truthfulness. The charge of Testimony was not substantiated.

The Merit Board voted 3-1 to impose a disciplinary penalty of 30 working days without pay based on its preceding findings. Sheriff Kelly had asked for termination.

While the Merit Board’s decision to impose a 30 working day suspension without pay could be viewed as a victory, Deputy Trump expressed reservations, acknowledging the possibility of continued investigations and the financial burden of legal representation. She stated, “although this was a win, it still doesn’t really feel like a win because I don’t think I’m actually ever going to get to be a police officer after this. I don’t think that after my 30 days I just come back to work. I think I’m going to be under another investigation.”

When asked about the financial impact of the suspension, Deputy Trump noted a 30 working day suspension would financially equate to “losing two months of pay.”

Deputy Trump believes that the Merit Board mischaracterized her statements regarding her knowledge of underage drinking at a restaurant with her son’s girlfriend, Tess. She explained that while she was present when Tess was served alcohol, she did not provide it.

She learned Tess was not 21 approximately a week before attending the birthday. She expressed frustration that her testimony, including statements made during a polygraph examination, were taken out of context.

Deputy Trump shared what she was attempting to convey to both the Merit Board and polygrapher, saying:

“That wasn’t me allowing her to drink. So I thought that was kind of unfair. We’re at that restaurant, just because I didn’t dive across the table and, you know, super man that shot away from her – wasn’t me allowing.

“I thought that was just kind of unfair to use that against me, that these are things that I admitted during a polygraph to be as truthful as they could. And then those things just get used against me, it just seems very unfair and it feels like it was taken out of context.”

Furthermore, Deputy Trump addressed the Board’s finding that she expressed the viewpoint that minor consumption is a “bulls*** charge.” She clarified her stance, stating that while she acknowledges the illegality of underage drinking, she believes law enforcement officers have discretion in handling such offenses, especially when more serious crimes require their attention. She drew comparisons to other minor offenses, such as speeding and marijuana possession, where officers often choose not to make arrests.

During the October 16th Merit Board hearing, Deputy Trump testified to being dispatched to an underage drinking party where no arrests were made. She elaborated during our call on the discretion she has used and her thoughts on why discretion is necessary.

“(The Sheriff) knows there’s no way … he thinks we arrest every single person in Clinton County that commits a crime,” said Deputy Trump. “Our jail (wouldn’t) be big enough. We would have the majority of the county possibly in there.

“I don’t know. There’s times, so for example, some of these things that I guess they’re against the law but they can seem sort of minor and something that we maybe don’t typically arrest for.

“We have discretion. [referencing the underage drinking party] We didn’t arrest anybody there. We still handled the situation in a manner that we felt like we could still have an impact and not have to take all of these kids to jail.

“It wasn’t, it just didn’t seem, although yes it’s illegal to drink. It just did not seem serious enough, I guess.

“And all the times where I can think about where we pull people over and we’ve caught them with marijuana on them and you know we throw it out and we don’t arrest them or times where we pull people over for driving while suspended which is a misdemeanor and we don’t arrest them. We don’t arrest every single person that we know to commit a crime.”

Deputy Trump’s interview also shed light on the complexities of “Giglio” disclosures, which involve potential credibility issues that must be disclosed to defense attorneys in criminal cases. The interview revealed confusion surrounding the process and whether a Giglio designation had been made in her case – there was no mention of Giglio in the final report.

Clinton County Prosecutor Anthony Sommer testified in Deputy Trump’s Merit Board hearing stating he would wait until the conclusion of the Merit Board hearing and receiving its findings before making a final determination on a Giglio designation.

Deputy Trump also discussed the circumstances surrounding her son’s arrest on a warrant for failure to appear in court. She emphasized that the warrant was issued out of Marion County and was non-extraditable, meaning that typically, arrests could only be made within that county. Despite this, her son was arrested in Clinton County, two counties away. Deputy Trump expressed concern that this arrest, which involved a deputy in plain clothes who ordered her son, Blake Trump, out of the car, was an abuse of power and an act of retaliation. She also questioned the legality of special deputies serving warrants off government property; her son was parked on Harrison St. across from the Sheriff’s Office.

During the phone interview, Deputy Trump discussed the case of a former Clinton County K9 officer, Joey Mitchell, and his dog, Rip. She alleged that Sheriff Kelly gave a misleading account of Rip’s fate to the Commissioners, claiming that the dog was given to a company specializing in re-training police dogs when, in fact, he was given to a former jail officer who is the owner of the above referenced company. Deputy Trump expressed concern for Rip’s well-being and questioned the decision-making process that led to his reassignment.

Clinton County Today has not yet been able to independently verify the allegations made by Deputy Trump regarding former K9 Rip as well as the statements surrounding the enforcement of an outstanding warrant on her son.

Looking ahead, Deputy Trump acknowledged the uncertainty of her future with the Clinton County Sheriff’s Office. She indicated that if no further charges are filed, she would anticipate staying until retirement, but also acknowledged that the outcome of her EEOC complaint could impact her ability to remain with the department. She also expressed reservations about seeking employment with another agency due to the potential difficulty of obtaining a favorable recommendation from her current employer.

Deputy Trump concluded the interview by emphasizing her commitment to transparency and accountability. She stated, “I like being transparent. I like people, I don’t have anything to hide. So I don’t mind getting my story out there. And thank you for covering it.”

The audio of the interview can be found on Spotify or wherever you enjoy listening to podcasts.

Sheriff’s Merit Board Hears Deputy Trump’s Case, Audio Available

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CLINTON COUNTY, Ind. (October 23, 2024) – The Clinton County Sheriff’s Office Merit Board convened on October 16, 2024, at the Clinton County Sheriff’s Office to hear arguments in the case of Deputy Melissa Trump, who faces termination following allegations of underage drinking at her residence and dishonesty during the ensuing internal investigation. The hearing showcased sharply contrasting narratives presented by the Sheriff Richard Kelly’s attorney, Tonya Bond, and Deputy Trump’s attorney, Adam Brower, with both sides leveraging witness testimony, body camera footage, and the results of a polygraph examination to bolster their arguments.

The Merit Board Membership and Role in the Hearing

The five member Merit Board is an administrative board made of three appointments by Sheriff Kelly and two appointments by the Merit Deputies.

The Merit Board rules for admission of evidence differs from a criminal hearing – most notably the admission of polygraph results. And, when making a decision the Merit Board must consider whether the Sheriff provided substantial, reliable, and probative evidence sufficient to reasonably support his recommendation of termination of Deputy Trump.

Sheriff’s Case Hinges on “Evasive” Conduct and Failed Polygraph

Attorney Bond argued that Deputy Trump had been “evasive” during the internal investigation conducted by Detective Roudebush, initially focusing on the technicality of physically handing alcohol to minors while downplaying her broader responsibility in facilitating underage drinking. She emphasized that Deputy Trump had failed to disclose her personal drinking that evening and had omitted a previous incident where she had been drinking with Tess – Teresa Short, the girlfriend of Deputy Trump’s son, Blake Trump – one of the underage individuals present at her home.

Attorney Bond further contended that Deputy Trump’s failure of the polygraph examination, administered by Officer Aaron Thompson from the West Lafayette Police Department, provided compelling evidence of her dishonesty. She highlighted inconsistencies between Deputy Trump’s statements to Detective Roudebush and her subsequent admissions during the pre and post-polygraph interviews with Officer Thompson.

Defense Emphasizes Procedural Errors and Lack of Concrete Evidence

Attorney Brower countered by focusing on procedural errors within the investigation and the lack of concrete evidence to support the allegations of lying. He pointed to inaccuracies in the initial reports filed by Noblesville Police Department officers, which had triggered the internal investigation, arguing that Detective Roudebush had relied on flawed information when questioning Deputy Trump. Attorney Brower also emphasized that Detective Roudebush had admitted to making a false statement to Deputy Trump during the internal investigation interview, further undermining the credibility of the investigation.

Attorney Brower challenged the reliability of the polygraph results, noting that even Detective Roudebush had acknowledged that a failed polygraph alone cannot definitively prove dishonesty. He argued that Deputy Trump’s confusion about the meaning of “providing” alcohol, coupled with her emotional distress and the pressure of the investigation, could have contributed to her deceptive responses during the polygraph.

Hypocrisy Claims Dominate Defense Argument

A recurring theme in Attorney Brower’s argument was the perceived hypocrisy of seeking Deputy Trump’s termination while Sheriff Kelly himself faced multiple felony charges and a civil lawsuit alleging financial mismanagement. Brower repeatedly pointed to the sheriff’s ongoing legal troubles, arguing that it was unfair to hold Deputy Trump to a higher standard than her boss, especially when the evidence against her remained unproven.

Sheriff Maintains Right to Enforce Rules Despite Own Legal Challenges

Sheriff Kelly defended his decision to pursue Deputy Trump’s termination, arguing that his own legal issues did not absolve him of his duty to uphold the standards of the Sheriff’s office. He maintained that Deputy Trump’s actions had eroded public trust and compromised her ability to effectively perform her duties as a law enforcement officer.

The Sheriff stated that although he is not under the rules of the Merit Board, he will stand in front of a judge and a jury of his peers to answer the charges that have been brought against him.

Testimony from the Clinton County Prosecutor

Clinton County Prosecutor Anthony Sommer’s testimony highlighted the strained relationship between his office and the Sheriff’s office. He expressed concern about the Sheriff’s failure to disclose Giglio information regarding other officers and stated Sheriff Kelly had presented only one Giglio notice to his office during the sheriff’s term and other notices he had to seek out himself.

Emotional Moment

Individuals who were identified as potential witnesses were held away from the hearing room.

So, when Attorney Brower called for Mr. Donovan Denham, Deputy Trump’s boyfriend, Denham entered the room and walked over to Deputy Trump and informed her her son had been arrested by the Clinton County Sheriff’s Office on an outstanding warrant from Marion County.

Blake Trump was in attendance to testify on behalf of his mother if needed. Blake Trump was released as a witness prior to testifying and was subsequently arrested. Deputy Trump testified she knew Blake had an outstanding warrant prior to coming to the hearing.

Decision

The Merit Board is expected to meet on Wednesday, October 23, 2024, to take a public vote on Deputy Trump’s fate.

Merit Board Hearing Audio Files

Nearly six hours of audio was recorded by Clinton County Today.

Note: The audio has been edited to enhance the audio level. No statements were edited.

Each audio session ends when a break is called and the next audio session begins when called to order.

There were a total of four breaks, yielding five separate audio files.

The audio is hosted on Spotify or wherever you get your podcasts – by searching Clinton County Today.

Spotify Player

Spotify Show Page

You may listen to the recordings below as well.

Audio 1

Notes for Audio 1.

What you will hear on the first recording:

Opening statement from Merit Board president John Wright followed by opening statements from:

Attorney Tonya Bond, representing Sheriff Kelly; and,

Attorney Adam Brower, representing Deputy Trump.

The first witness called by Attorney Bond was Clinton County Prosecutor Anthony Sommer.

Cross examination of Prosecutor Sommer by Attorney Brower

Re-direct of Prosecutor Sommer by Attorney Bond

Re-cross of Prosecutor Sommer by Attorney Brower

The second witness called by Attorney Bond was Clinton County Sheriff Office Detective Lieutenant Dan Roudebush. Detective Roudebush conducted the internal investigation.

This recording captures the audio from evidence introduced by Attorney Bond when played for the Merit Board.

The evidence included body camera footage provided by the Noblesville Police Department, in addition to audio from Detective Roudebush’s internal investigation interview of Deputy Trump and Deputy Trump’s pre-polygraph and post-polygraph interview with West Lafayette Police Officer Aron Thompson.

Audio from body camera – NPD Officer Lane Snyder

Audio from body camera – NPD Officer Krystal Watters

Audio from body camera – NPD Officer Christopher Heselschwerdt

Audio from body camera – NPD Officer Matt Whiles

Audio from body camera – NPD Officer Matt Lohrey

Audio from Lt. Roudebush internal investigation interview with Deputy Trump

Audio from WLPD Officer Thompson pre-polygraph interview with Deputy Trump

Audio from WLPD Officer Thompson post-polygraph interview with Deputy Trump

Audio 2

Notes for Audio 2.

What you will hear on the second recording:

Clinton County Sheriff Office Detective Lieutenant Dan Roudebush continues to give testimony of his internal investigation to Attorney Tonya Bond, representing Sheriff Kelly.

Attorney Adam Brower, representing Deputy Trump, begins cross-examination.

Attorney Bond re-direct of Lt. Roudebush.

Attorney Brower re-cross of Lt. Roudebush.

Attorney Bond calls Sheriff Kelly to testify.

Attorney Brower begins cross-examination of Sheriff Kelly.

Audio 3

Notes for Audio 3.

What you will hear on the third recording:

Prior to Mr. Donovan Denham taking the stand, the recording captures the moment Deputy Trump learns her son – Blake Trump had been arrested by the Clinton County Sheriff’s Office on an outstanding warrant from Marion County Indiana. Blake Trump was in attendance to testify on behalf of his mother if needed. Blake Trump was released as a witness prior to testifying and was subsequently arrested.

Attorney Adam Brower, representing Deputy Trump, calls Mr. Donovan Denham, the boyfriend of Deputy Trump, as a witness.

Attorney Tonya Bond, representing Sheriff Kelly, begins cross-examination.

Attorney Brower re-direct of Mr. Denham.

Audio 4

Notes for Audio 4.

What you will hear on the fourth recording:

Attorney Adam Brower, representing Deputy Trump, calls Ms. Teresa Short, the girlfriend of Deputy Trump’s son, as a witness.

Attorney Tonya Bond, representing Sheriff Kelly, begins cross-examination of Ms. Short.

Attorney Brower re-direct of Ms. Short.

Attorney Brower calls Mrs. Heather Dison as a witness.

Attorney Brower calls Mr. Jeffery Dison as a witness.

Attorney Brower calls Deputy Trump as a witness.

Attorney Bond begins cross-examination of Deputy Trump.

Audio 5

Notes for Audio 5.

What you will hear on the fifth recording:

Administrative Hearing Officer – Attorney Michelle Cooper – provides instructions for closing arguments

Attorney Adam Brower, representing Deputy Trump, begins closing arguments.

Attorney Tonya Bond, representing Sheriff Kelly, begins closing arguments.

Attorney Cooper provides instructions for deadlines to Attorney Brower and Attorney Bond.

Meeting adjourned by Merit Board president John Wright

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.

110-year Sentence for NHK Killer

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110-year Sentence for NHK Killer
Gary Ferrell enters the Clinton County Indiana Courthouse on Thursday, September 7, 2023, on way to hear his sentencing in the double murder of Promise Mays and Pamela Sledd in the parking lot of NHK Seating of America outside of Frankfort on August 18, 2021. (Photo by: Brett W. Todd)

FRANKFORT, Ind. (September 7, 2023) – Gary Ferrell, 28, will spend 110-years in state prison for the “brutal and heinous” murders of Promise Mays and Pamela Sledd in the parking lot of NHK Seating of America outside of Frankfort on August 18, 2021.

Clinton County Superior Court Judge Justin Hunter read the sentence aloud today after hearing final arguments from both Prosecutor Anthony Sommer and Stacy Uliana, defense attorney for Ferrell.

Judge Hunter, who had the discretion of sentencing between 45-years and 65-years per murder, handed-down the recommended guideline sentence of 55-years for each of the murders and ordered Ferrell to serve the sentences consecutively, one sentence immediately after the other. The Judge did note the Court rejects any characterization of the sentence as a “DeFacto LWOP sentence,” life without parole sentence.

Ferrell had previously faced the death penalty; however, the death penalty was removed upon Ferrell’s change of plea to guilty.

Judge Hunter wrote, “On motion of the State, the request of the State for imposition of the death penalty is withdrawn, which is appropriate in this case because of the evidence of the defendant’s intellectual disability.”

He further wrote in the sentencing order, “The Court further finds that it is appropriate that the sentences for Murder in this case be treated consecutively, and the Court would have rejected any plea agreement that did not call for consecutive sentencing for the two murders. To fail to treat the sentences consecutively would be a denial of justice to the victims and their families and only diminish the seriousness of defendant’s conduct.”

Ferrell received credit of 750 actual days served in jail from the date of the offense together with Class B credit time.

In coming to his decision, Judge Hunter noted both seven aggravating and seven mitigating factors – coming to the conclusion that each set factors “balance.”

The seven aggravating factors were noted as:
1. The Murders were brutal and heinous.
2. Defendant premeditated the Murder of Promise Mays, and Defendant was lying in wait for Promise Mays at a location where he could reasonably expect that she would not have any weapon, device or instrument to be able to protect herself.
3. The victims were both much physically weaker than the defendant himself.
4. The harm, injury, loss or damage suffered by the victims was significant and greater than the elements necessary to prove the commission of the offense. More specifically, both victims watched the other being shot, and defendant committed the murders while he was committing an offense of confinement with a deadly weapon.
5. Defendant deliberately chose to inflict his pain and harm upon his victims with a gun, during shift change at NHK, when he knew that many other workers at NHK would be in the immediate vicinity and thereby subject to the risk of harm from the use of a weapon.
6. Defendant acted out an entitlement to control and possess Promise Mays, whether in life or in death, even though she had demonstrated only kindness for the many people whom she encountered in her short and precious life.
7. With respect to the Murder he inflicted upon Pamela Sledd, Defendant shot Ms. Sledd after she had named her back and was retreating from the scene of the offense she had witnessed against her granddaughter. She was of no threat whatsoever to the defendant and his plan to murder and commit suicide.

And, the seven mitigating factors noted were:
1. Defendant led a law-abiding life for a substantial period before commission of the crime.
2. Defendant was cooperative with law enforcement, with the Court process, with his attorneys, and he accepted responsibility for his criminal conduct by confessing and entering a plea of guilty to both murders.
3. Defendant has made an expression of remo
4. Defendant suffers from an intellectual disability which profoundly affected his judgment and actions.
5. Defendant suffered from trauma in his childhood.
6. The defendant had an alcohol use disorder that contributed to his depression.
7. Prior to the murders, Defendant had an otherwise good character.

In coming to the decision that the “aggravating factors and the mitigating factors balance,” Judge Hunter wrote, “Although the Court assigns a substantial weight to mitigating factors recited above, the weight does not exceed the weight the Court gives to the aggravating factors; and the Court further finds that seriousness of the offenses-multiple murders committed at a workplace against helpless co-workers-carries an impact on not only the victims’ families but a community of many.”

Ferrell was remanded into the care of the Clinton County Sheriff’s Office for transport to the Indiana Department of Correction for service of the sentence.

Pursuant to the Pleas Agreement, Ferrell has waived his right to any appeal.

NHK Killer: “I understand that my acts caused an unimaginable amount of pain and torment”

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NHK Killer: "I understand that my acts caused an unimaginable amount of pain and torment"
Gary Ferrell II is led out out the Clinton County Courthouse on August 30, 2023, after nearly five-hours of witness impact testimony had been heard. (Photo: Brett W. Todd)

FRANKFORT, Ind. (August 30, 2023) – Towards the conclusion of nearly five-hours of testimony conducted in a Clinton County courtroom today, family members and friends of Promise Mays and Pamela Sledd heard directly from the killer that took the lives of those two on the afternoon of August 18, 2021, in a NHK parking lot near State Road 28 and Interstate 65.

Clinton County Superior Court Judge Justin Hunter asked if the defendant, Gary Ferrell II, would like to make a statement to the court.

Ferrell – who spent much of the proceedings looking downward and away, avoiding eye contact of those called to deliver impact statements – stood and began to apologize “for the acts of violence for which I am guilty of.”

Reading from a folded piece of paper, he continued, “I have taken the lives of two innocent human beings and inflicted unimaginable pain onto the victims family, friends and to my own family. For all of this, I am deeply sorry. I understand that my acts caused an unimaginable amount of pain and torment for those that knew them the best. If I could do it all over again, I would have gotten the help I need instead of letting my own pain get out of control. I am very sorry.”

Earlier in the hearing Clinton County Prosecutor Tony Sommer played two videos from NHK security cameras showing what Judge Hunter described as “brutal murders.”

The videos, one from a camera looking from the building towards the parking lot, the other from an outer parking lot area looking back towards the building, revealed scenes previously described in a 2021 probable cause affidavit.

Ferrell’s blue Focus was parked next to a black Chevrolet in which Mays was a passenger. Ferrell opened the trunk of his car then “exits his vehicle with a black object in his right hand that appears to be a semi-automatic firearm.” He then walked to the passenger door of the black Chevrolet, opened the door, “forcibly pulls” Mays by grabbing her arm, and “pulls her to the rear of the blue Ford.” Mays attempts to resist but is “over powered.”

Sledd exits the driver side of the black Chevrolet and has “an exchange of words” with Ferrell prior to him making a “pointing motion with the firearm towards the NHK building.” Sledd attempts to “move away from the scene” and “appears she is shot when Ferrell lowers the gun” at Sledd. She continues to “move away” from Ferrell and the video appears to show “that a second and third round are shot” at Sledd and she “collapses on the ground.”

Mays is now in a “crouched type position” behind the blue Focus. Ferrell has his gun pointed at Mays’ “head and is still trying to force Promise into the trunk of his vehicle.”

“Ferrell then appears to shoot Promise and then she falls to the ground behind the Ford Focus and lies motionless.” He then enters his vehicle leaving the trunk open and “after a few seconds the vehicle backs up and runs over Promise and comes to a rest after turning about 90 degrees. Promise’s body is drug about 7 feet and the car stops and then goes forward, leaving the parking lot.”

In addition to the security video, Prosecutor Sommer played the video of the interview Lt. Dan Roudebush of the Clinton County Sheriff’s Office conducted with Ferrell on the evening of the arrest.

Lt. Roudebush asked Ferrell why had he done what he done. Ferrell replied, “I couldn’t get her (Promise) out of my mind.” When asked to describe what led up to the killings that afternoon, Ferrell described drinking the night before and waking in the morning to drive to Lafayette to purchase ammunition, then return to his house to fill the empty beer bottles with gasoline, and going to get more gasoline.

Judge Hunter will deliver Ferrell’s sentence in open court during a September 7th, 2pm hearing at the Clinton County Courthouse.

State Files Suit Against Kelly’s Seeking Restitution, Adds to Growing List of Cases Alleging Nepotism and Commissary Issues

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Indiana Attorney General Todd Rokita filed suit against Clinton County Sheriff Rich Kelly and his wife Ashley Kelly on Thursday, March 30, seeking restitution from conclusions contained within a November 23, 2021, State Board of Accounts (SBOA) audit.

FRANKFORT, Ind. (April 2, 2023) – Indiana Attorney General Todd Rokita filed suit against Clinton County Sheriff Rich Kelly and his wife Ashley Kelly on Thursday, March 30, seeking restitution from conclusions contained within a November 23, 2021, State Board of Accounts (SBOA) audit. The suit alleges the Kelly’s of “malfeasance, misfeasance, and/or nonfeasance”; this action adds to a growing list of lawsuits involving the Kelly’s as either defendants or plaintiffs.

Rokita alleges in the 16-page complaint the SBOA found the Kelly’s violated the Clinton County nepotism ordinance – Sheriff Kelly challenged the merits of the Clinton County nepotism ordinance in its own, separate legal action in a Tippecanoe County court against the Clinton County Commissioners and County Council. The case was originally filed by the County in 2021 and amended in 2022 to include the Sheriff’s complaint. The Sheriff won – the judge ruling the Clinton County nepotism ordinance did not forbid the Sheriff from hiring his wife.

Rokita also alleges the Kelly’s failed to file a conflict of interest form stating Ashley is the wife of the Sheriff and no written contract to perform commissary services by either Ashley or Leonne LLC was provided to the County. Both are at issue in a separate civil lawsuit filed in 2022 by the Kelly’s against attorney Tom Little in Tippecanoe County; Leonne LLC is a company formed in 2018 by the Kelly’s prior to the beginning on Sheriff Kelly’s term, Ashley listed as a 51% owner, the Sheriff a 49% owner.

Court filings in that 2022 Tippecanoe County case allege attorney Little provided in December 2018 a conflict of interest form that described a dependent relationship and commissary work to be performed by Ashley to the then-members of the Clinton County Commissioners and County Council. Court filings also contain two communication logs that allegedly detail back-and-forth, email and messaging exchanges with various elected members of Clinton County government and select employees of Clinton County government attached to some of those communications.

Currently both the Kelly’s and attorney Little are awaiting a judge’s decision on whether any of those communications must be disclosed.

Those same communications and conflict form are at issue in each of the Kelly’s 2022 criminal cases – Rokita described the criminal cases as “correlated” in his filing, the criminal charges relating to the work done in the SBOA audit. In the criminal cases, the Kelly’s claim Special Prosecutor David Thomas has failed to turn over discovery while the Special Prosecutor has requested a change of venue. The judge in the criminal cases has yet to rule on either. The Kelly’s are each charged with four Level 6 Felony counts.

Rokita’s filing also details the monetary amount that was paid combined to Leonne LLC and Ashley, $219,634.65 – an item the SBOA stated was “improperly issued.” Those same payments were questioned by County Commissioners and County Council in the 2021 Tippecanoe County case; the judge ruled the payments were excessive. Sheriff Kelly has a pending case before the Court of Appeals seeking reversal of the judge’s ruling – this is the same appeals case the County Commissioners and County Council have required the Sheriff to dismiss before the respective Boards will sign-off on a 2023 commissary contract.

Rokita is asking for the funds to be paid back, plus the cost of the SBOA to perform the audit; the total of those two approaching $330,000. Also, Rokita alleges Clinton County has suffered “a pecuniary loss as a result of a violation of specified criminal codes” and is seeking treble damages – the amount times three. The suit for repayment comes from the Indiana Crime Victims Relief Act.

The Indiana Court of Appeals in 2023 addressed an issue of pecuniary interest in the Clinton County Commissioners appeal of an e-cigarette case originally filed by Sheriff Kelly in 2021 where a lower court judge ruled the Commissioners had exceeded its power stating, “that the Board cannot regulate by ordinance the conduct of inmates housed in the Clinton County Jail and cannot restrict the right of the Sheriff to sell or of inmates in the Clinton County Jail to purchase and use e-cigarettes and nicotine pouches that do not contain tobacco products within the confines of the Clinton County Jail.”

The Commissioners on appeal claimed Sheriff Kelly was selling the product so he and his wife could profit.

The Court of Appeals justices stated, “In their motion to correct error, the Commissioners asserted they were entitled to a relief from judgment based on newly discovered material evidence, specifically that ‘the sale of e-cigarettes was not solely for commissary revenue, but that Plaintiffs acted based upon undisclosed personal pecuniary interests.’ However, we need not consider any alleged newly discovered evidence creating a question of material fact because we have concluded the Sheriff’s Office is expressly granted the authority to control the care of prisoners in the jail under the Take Care Provision as a matter of law.”

Commissioner Jordan Brewer stated in a March 2023 interview the Board is still deciding whether to file an appeal to the Indiana Supreme Court.

In addition to those lawsuits, the Kelly’s have filed a civil claim against Clinton County Prosecutor Anthony Sommer in 2022 alleging defamation and intentional infliction of emotional distress. Prosecutor Sommer denies those allegations and has asked a Boone County court to dismiss the lawsuit; a hearing is set for April 17. Sommer is being represented by an attorney from Rokita’s office according to court documents.

The Kelly’s have 20-days to respond to the Rokita suit.

A note to the reader. Some of the legal cases mentioned in this article involve reporting and interviews conducted by journalist Brett W. Todd; the work produced might be cited as part of specific case litigation filed by various parties in those respective cases.

Clinton County Commissioners Lose Legal Appeal to Sheriff Kelly

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The three members of the Board of Commissioners for Clinton County Indiana discuss a topic during a meeting in this file photo. From left-to-right, Commissioners Bert Weaver, Josh Uitts, Jordan Brewer. (Photo: Brett W. Todd)

INDIANAPOLIS, Ind. (March 18, 2023) – A three-judge panel of the Indiana Court of Appeals unanimously ruled the trial court did not err when concluding the Clinton County Commissioners exceeded its authority when they amended the county smoking ordinance in an attempt to prohibit inmates from purchasing and using tobacco-free products within the jail.

The appellate ruling issued March 9th came after oral arguments in Indianapolis on January 10th regarding whether or not Special Judge Samuel Swaim erred in his October 8, 2021, ruling in favor of Clinton County Sheriff Kelly’s suit when Judge Swaim said in part, “that the Board cannot regulate by ordinance the conduct of inmates housed in the Clinton County Jail and cannot restrict the right of the Sheriff to sell or of inmates in the Clinton County Jail to purchase and use e-cigarettes and nicotine pouches that do not contain tobacco products within the confines of the Clinton County Jail.”

On appeal, the Commissioners contended Judge Swaim erred when he ruled in the Sheriff’s favor because, pursuant to the Indiana Home Rule Act, the Sheriff had only the powers expressly granted by statute. Based on their interpretation of the Home Rule Act and cases cited, the Commissioners asserted the relevant statutes do not grant the Sheriff unlimited discretion regarding what is sold to inmates at the Clinton County Jail.

Sheriff Kelly contended the Indiana Alcohol and Tobacco Commission regulated the Sheriff’s sale of the e-cigarettes and Indiana law expressly entrusts the Sheriff with the care of the jail and the prisoners therein – known as the “take care” provision.

The Court of Appeals ruled that while the Commissioners “had authority under the Home Rule Act to enact the revised county smoking ordinance as a general ordinance governing the use of e-cigarettes in county buildings, Indiana Code section 36-2-13-5(a)(7) – (the “take care” provision) – expressly gives the Sheriff’s Office the power to “take care” of prisoners and the revised ordinance does not apply to the activity of prisoners in the county jail.”

No public statement as of publishing on whether the Commissioners will appeal this ruling to the Indiana Supreme Court.

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