Editor, Times-Union:

James Marshall decided to run for sheriff after the Republican candidate he supported was beat in the primary.  James writes: “Our children deserve to be protected, not just at school but everywhere in our community. I’ve seen some jaw-dropping cases in my experience as detective sergeant and certified forensic interviewer with Child First of Indiana.” I wonder if his former sister-in-law and her children felt the same love at approximately 4 p.m. on June 20, 2012?

Quoting Ink Free News: "A Warsaw woman has recently filed a lawsuit against members of local police departments after being arrested and jailed on what she claims were false charges."

"... at approximately 4 p.m. on June 20, 2012, Denise Auer visited the Kosciusko County Sheriff’s Department to deliver her minor children to the care and custody of her former husband, Jeffery Marshall, the brother of Kosciusko County Sheriff’s Department Deputy James Marshall."

"June 20 was not only the date of Auer’s arrest, but also the day of a court hearing between Auer and her ex-husband regarding the custody of their children. Following Marshall’s filing of his intent to move to North Carolina on May 21, 2012, Auer and Marshall were in court June 20 to discuss a summer vacation schedule in terms of the parenting time agreement."

"After arriving at the KCSD lobby to drop off her children, Auer said she was “maliciously, unlawfully and without any just or probable cause, charged with the crime of disorderly conduct by officer Allen Danko of the Warsaw Police Department and her former brother-in-law, James Marshall." "... Auer was arrested for ‘not being quiet after being told to do so.’”

"Auer said she was handcuffed in front of those in the lobby and led to the Kosciusko County Jail where she was then fingerprinted, photographed and given a $300 bond."

"On June 18, 2013, Auer’s charges were dismissed and her bond refunded to her."

“Mrs. Auer claims that she was unlawfully arrested and detained for the charge of disturbing the peace,” stated David Kolbe, acting attorney for Auer. “I’m of the opinion that under the rule of the law police should be held to the highest standards of behavior and we believe that those standards were not met here. We have on video tape the whole incident and it is my opinion, and I think it would be that of a jury, that Mrs. Auer did not disturb the peace at all. The abuse of police power for a personal legal matter, that is the essence of the claim.”

It reads to me that Deputy James Marshall wasn’t aware of the video camera recording as he attempted to bring his brother’s ex up on charges, so she’d look bad in a custody hearing. An “abuse of police power for a personal legal matter” is a pretty damning statement.  

If you want a sheriff you can trust to have our backs, vote for Jim Smith.

Matt Wolkins

Winona Lake, via email