***MEDIA ADVISORY***

FOR IMMEDIATE RELEASE: August 08, 2018

PROSECUTOR AND SHERIFF ISSUE JOINT PRESS RELEASE: PROSECUTOR REQUESTS GRAND JURY AFTER SHERIFF REPORTS SUSPECTED THEFT BY PROCESS SERVERS

Media Contact: Vicki Elaine Becker (574) 296-1888

In September, 2017, Sheriff Brad Rogers reported to the Indiana State Police that several civilian employees of the Elkhart County Sheriff’s Department appeared to have been claiming hourly compensation for work they did not actually perform. This behavior was discovered by a Sheriff’s Department supervisor, and further inquiry demonstrated at least 2500 hours of work and approximately $45,000.00 in compensation paid amongst three (3) employees between 2014 and 2017. The Process Servers were terminated from employment with the Sheriff’s Department.

The Indiana State Police began an investigation and submitted same to the Office of the Prosecuting Attorney of Elkhart County in late 2017. However, additional investigation was needed to discern the depth of the alleged theft of unearned compensation and additional materials were provided by the Elkhart County Sheriff’s Department to aid the Prosecutor’s investigation.

After reviewing the evidence and information provided by the Indiana State Police, and the Elkhart County Sheriff’s Department, the Prosecuting Attorney has notified the Elkhart Circuit Court of its desire to convene a Grand Jury to further analyze the evidence and assist in the determination of whether criminal charges should be filed in the matter.

Without the oversight, diligence, and transparency of the Sheriff’s Department, it is unlikely this behavior would have been brought to light.

Under Indiana law, a Grand Jury is an investigative body authorized to hear and examine evidence concerning events during which criminal activity may have occurred. The Grand Jury is the exclusive judge of facts with respect to any matter it considers, and may subpoena any person to provide information if it believes that person may have evidence it wishes to consider. However, no person has a right to present information to a Grand Jury except a Target suspect. The Prosecuting Attorney is the legal advisor of the Grand Jury and must approve any indictment for it to be valid.

The Elkhart Circuit Court is summoning the Grand Jury to commence on September 11, 2018, beginning at 8:30 a.m.. The proceedings are secret and will not be open to the public pursuant to I.C. 35-34-2-4.

 

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“Under Indiana law, all persons arrested for a criminal offense are innocent until proven guilty in a court of law.”