Former Jail Officer Faces Theft Charges
May 6, 2020 at 12:09 a.m.
Former Jail Officer Faces Theft Charges
By Amanda Bridgman-
Alvin D. Dials Jr., 61, of 3216 S. Oak St., Warsaw, was employed at the jail from June 17, 2013, until he resigned Jan. 27 this year, according to Kathy Reed, Kosciusko County human resources director.
A probable cause affidavit filed in Kosciusko Circuit Court on Jan. 31, signed by Kosciusko County Sheriff’s Office Chief Deputy Shane Bucher, states that on Jan. 19, Bucher observed surveillance video from the jail medical supply room showing Dials taking an Xopenex HFA aerosol inhaler, along with multiple inhaler canisters, without permission or prescription.
Xopenex (Levalbutero Tartrate) is a Legend I drug, which requires a prescription, according to the affidavit.
When Dials was confronted about it, according to court papers, he admitted to taking the inhaler and canisters for his personal use.
Dials has been charged with unlawful possession or use of a legend drug, a Level 6 felony; and theft, a Class A misdemeanor.
Rather than issuing an arrest warrant for Dials, as is standard for charges as low as misdemeanor theft, Dials was issued a summons to appear in person at 8:15 a.m. Feb. 20. The summons was issued Jan. 31, with a warning if he fails to show up on Feb. 20, a warrant would then be issued for his arrest.
Sheriff Kyle Dukes referred questions regarding the lack of a warrant to Kosciusko County Prosecuting Attorney Dan Hampton.
“Without being able to comment on the facts of the case, the court takes into consideration several factors to determine whether to issue a summons or a warrant,” Hampton said, citing the invocation of Criminal Rule 26 that took effect Jan. 1. “The court reviews each case on the case’s specific allegations in the probable cause affidavit and the severity of the charges.”
David Kolbe is listed as Dials’ attorney in court documents for this case. A call to Kolbe seeking comment on behalf of his client was not returned by press time Tuesday night.
Dials served as an officer with the Warsaw Police Department for a decade and resigned in February 2010, citing medical reasons. Dials was arrested in July 2011 and faced nine felony charges after authorities said he made threats to kill Warsaw Police Chief Scott Whitaker and other officers while armed with a rifle and a bayonet knife. He was booked in KCJ on a $250,000 bond for that incident. The charges he was facing were a Class C felony intimidation with a deadly weapon charge, as well as seven Class D felony intimidation charges and one Class D felony resisting law enforcement count.
According to court records, all of those counts were dismissed against Dials in January 2012.
Alvin D. Dials Jr., 61, of 3216 S. Oak St., Warsaw, was employed at the jail from June 17, 2013, until he resigned Jan. 27 this year, according to Kathy Reed, Kosciusko County human resources director.
A probable cause affidavit filed in Kosciusko Circuit Court on Jan. 31, signed by Kosciusko County Sheriff’s Office Chief Deputy Shane Bucher, states that on Jan. 19, Bucher observed surveillance video from the jail medical supply room showing Dials taking an Xopenex HFA aerosol inhaler, along with multiple inhaler canisters, without permission or prescription.
Xopenex (Levalbutero Tartrate) is a Legend I drug, which requires a prescription, according to the affidavit.
When Dials was confronted about it, according to court papers, he admitted to taking the inhaler and canisters for his personal use.
Dials has been charged with unlawful possession or use of a legend drug, a Level 6 felony; and theft, a Class A misdemeanor.
Rather than issuing an arrest warrant for Dials, as is standard for charges as low as misdemeanor theft, Dials was issued a summons to appear in person at 8:15 a.m. Feb. 20. The summons was issued Jan. 31, with a warning if he fails to show up on Feb. 20, a warrant would then be issued for his arrest.
Sheriff Kyle Dukes referred questions regarding the lack of a warrant to Kosciusko County Prosecuting Attorney Dan Hampton.
“Without being able to comment on the facts of the case, the court takes into consideration several factors to determine whether to issue a summons or a warrant,” Hampton said, citing the invocation of Criminal Rule 26 that took effect Jan. 1. “The court reviews each case on the case’s specific allegations in the probable cause affidavit and the severity of the charges.”
David Kolbe is listed as Dials’ attorney in court documents for this case. A call to Kolbe seeking comment on behalf of his client was not returned by press time Tuesday night.
Dials served as an officer with the Warsaw Police Department for a decade and resigned in February 2010, citing medical reasons. Dials was arrested in July 2011 and faced nine felony charges after authorities said he made threats to kill Warsaw Police Chief Scott Whitaker and other officers while armed with a rifle and a bayonet knife. He was booked in KCJ on a $250,000 bond for that incident. The charges he was facing were a Class C felony intimidation with a deadly weapon charge, as well as seven Class D felony intimidation charges and one Class D felony resisting law enforcement count.
According to court records, all of those counts were dismissed against Dials in January 2012.
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