Wednesday, January 17, 2007

Special Treatment?


An assistant in the Kosciusko County prosecuting attorney's office was suspended after being in a fight in a local establishment back in December. He was in a verbal altercation with another patron and the bartender asked him to leave. Ultimately, the bartender physically removed him from the premises. The man punched the door, causing harm to the bartender. He was taken to the hospital for injuries he sustained as was the bartender... You can read the whole story here.

That is not the end, it gets more interesting. You see, if you or I had been involved in such an incident, after treatment at the hospital, we would have been booked directly into the local jail. But this gentleman was not. He was suspended from his job without pay for ONE WEEK!
Now read this. Can you believe it? He still has not been arrested and now the taxpayers have to pay for a special prosecutor to review whether or not charges should be filed???

You can imagine the outrage heating up in the small town of Warsaw, letters to the editor of the newspaper are pouring in...

Prosecutor

Editor, Times-Union:

We, the common people, ones in jail, ones out on bond, on probation and sitting in prison for breaking the laws of our state, we are highly upset with our Warsaw Police Department and Prosecuting Attorney's Office.You can arrest and file charges on us right away when we break the laws, but not when it's one of your own. Why? It's now been 23 days since Matthew Shively, an assistant to the Kosciusko County Prosecutor's Office, committed his three crimes of public intoxication with a .148 alcohol content, damage to a city business, and personal injury to a taxpaying citizen who required stitches in his tongue. Yet no charges nor arrest have been made in these crimes. Why? See Dec. 14, 2006, Times-Union front page.Mr. Prosecutor of Warsaw, does not Matthew Shively's three crimes go against the peace and dignity of the State of Indiana like you always tell us when reading our charges? Myself and others have been arrested and booked into jail in this city for much less. Yet 23 days after one of your own committed crimes, you fail to take action. Why? You all should be ashamed of yourselves! Stop playing favoritism, Stop obstructing justice and do what you were sworn to do - uphold the law. Even if it is one of your own, police officers or court officials, you are not above the law and should be held accountable for your actions. Just who do we call for help when it's a police officer or courthouse employee breaking the law? Who can we trust?

Doug "Roacho" Sullivan, Warsaw, via e-mail

and

Prosecutor Responds

Editor, Times-Union:

In reply to Mr. Sullivan's letter to the editor concerning the Prosecuting Attorney's office, it appears that he did not bother to check the public records in the Kosciusko County Justice Building.A review of those records would reveal that on Dec. 21, 2006, the Office of the Kosciusko County Prosecuting Attorney filed a petition with the Circuit Court to have a special prosecutor appointed to review the matter because of any possible conflict of interest. As a result of a special prosecutor being appointed, the file has been forwarded to the special prosecutor for review.Therefore, I would advise Mr. Sullivan that if he desires to voice his opinion in a public forum, make sure to first research the facts so as not to mislead anyone. By the way, referencing yourself in your letter to the editor as being within the category of "common people" also is misleading in that the public record reveals your felony criminal history to be uncharacteristic of "common people."

R. Steven Hearn
Kosciusko County Prosecuting Attorney

and

Responds To Hearn
Editor, Times-Union:

In reply to Mr. Hearn's letter to the editor, beings it seems it's "the only" way we can speak to each other, is through the newspaper.Sir, you stated that I was misleading in my letter to the editor. You stated that my felony criminal history was uncharacteristic of "common people." (I'm glad you said that, Mr. Prosecutor). But first, in the jail report to the commissioners office, there was 4,222 jail bookings in 2006. Are you saying that these people are no longer "common people" now that they have a criminal record? Maybe not all felonies, but just the same, these people went to jail at the time of their offenses. Just like I always have, unlike one of your assistants.

Yes, you filed a petition with the Court on Dec. 21, 2006. But that is my point! It took you seven days to do that! When (we), "the common people" break the laws we go straight to jail, wondering how we are going to bond out, if we can.A prosecutor, Sir, elected or specially appointed can't file charges on someone unless there is an arrest for a crime. It's been 30 days and there's been no arrest on one of your own. The complaint was made at the time of the crimes one of your own committed, but out of all the police officers that responded to the call, (to a bar incident?), none of them arrested Matthew Shively, and he hurt a taxpaying, voting citizen in the course of his crimes.

You spoke of my felony criminal history, ("revealing my criminal history to be uncharacteristic of "common people'"). Yes, Sir, I have an intense criminal history, one I'm not proud of at all. And I have paid all my debts to society in full, Sir. I served 11 years in prison for hurting a citizen of our city (pretty much like Matthew Shively did), and I received 20 years for it! Now, is it not also "uncharacteristic," "unethical" and "unconstitutional" the common person would think.As a prosecutor of our county to downgrade me in a public forum on my criminal history, while sitting back and permitting a known DWI offender, a deputy sheriff, to be promoted to road corporal - that, Sir, is also public record while you're looking at criminal histories! And believe you me, I have done my research on the facts before voicing my opinion in a public forum on these matters!

Doug "Roacho" Sullivan, Warsaw, via e-mail

and
Arresting Situation

Editor, Times-Union:

I am writing this letter to you to let you know that the people I see on a daily basis are talking a lot about this situation in our community. Mr. Sullivan is being praised for having the courage to state his opinion about our prosecutor in our community and how this Shively situation has been handled. Mr. Sullivan's criminal history has very little to do with the fact that Mr. Shively was not arrested after getting medical treatment for his injuries, such as others have.

When I first saw the article in our newspaper, I was curious to see how long it would take for this man to face his wrong doings. Wow, takes a while when your job is involved.Our jobs in the community should not dictate as to when we get arrested for crimes we commit. Does the law state that should we be employed by the local cafe, our local bank, our local doctor's office prevent us from going to jail at moment the crime was committed? Everyone else does.

I read a very interesting article in the Fort Wayne Journal Gazette about this Shively thing on Jan 10., 2007. The stories are as different as night and day. Whose story is correct? Who is covering up? Why cover anything up the man broke the laws?I really wish all those individuals that have made comments to me about this situation would write a letter to the editor and not be afraid of reprisals. It is really sad that people don't feel safe in that they can't feel safe to speak their mind on what they read in our newspaper about who breaks the laws, private individuals or law enforcement.

Mr. Sullivan, I believe, was only quoting facts from newspaper stories he has read, such as myself and others in our community.And shame on you, Mr. Hearn, all Mr. Sullivan wanted was an answer as to why did Mr. Shively receive special treatment from our law enforcers. He was off duty (I hope being that drunk) therefore, acting as a private citizen. Right? So, again, the question is why was he treated with special considerations?

MJ Lindzy
Warsaw

2 comments:

Anonymous said...

Interesting blog entry.
I was curious of the outcome.
I see from a Google cache that summarized the result:

A FORMER KOSCIUSKO COUNTY SHERIFF'S DEPUTY IS NOW SERVING TIME FOR FELONY DRUNK DRIVING... AS PART OF HIS PLEA, 35-YEAR-OLD DOUG BRUMFIELD, JR. WAS SENTENCED TO 18 MONTHS IN JAIL, HOWEVER, 16 MONTHS ARE SUSPENDED. WITH GOOD-TIME CREDIT, BRUMFIELD WILL SERVE JUST 30 DAYS, THEN BE ON PROBATION.

CHARGES NOW FILED AGAINST A KOSCIUSKO COUNTY PROSECUTOR ALLEGEDLY INVOLVED IN A DRUNKEN DISTURBANCE IN A WARSAW BAR AND GRILL. 25 YEAR-OLD MATTHEW SHIVELY IS ACCUSED IN THE MELEE AT THE MAD ANTHONY BREWING COMPANY BACK IN DECEMBER, IN WHICH THE RESTAURANT GLASS DOOR WAS SHATTERED.

Interesting light sentence -- 30 days -- wow.

JR said...

The thing about Kosciusko County is, most of the time its all about who you know or being a part of the good ol' boy network. So sad, but so true.