Case Involving Officer’s Oath Headed To Court Of Appeals
Posted
Michael Anderson-manderson@timesuniononline.com
The legal battle over an officer’s swearing-in will head to the Indiana Court of Appeals. Earlier this week, attorney Kerry Connor filed an appeal of Kosciusko?Superior Court III Judge Joe Sutton’s ruling that said Warsaw Police Department officer Miles Reichard had the authority to act despite not being sworn in. The case results from a drunken driving case. On Nov. 9, 2015, Reichard arrested Ebaraia Fields for driving while intoxicated and threatening other officers. Fields’ attorney, Connor, contends Reichard did not have the authority to act because he had yet to take his oath of office. Reichard was hired by WPD on Nov. 9, 2014, but did not take his formal oath of office until Nov. 19, 2015, at a Board of Public Works and Safety meeting. Connor filed a motion to dismiss the charges based on Reichard’s lack of an oath. On Dec. 21, a hearing was held in Kosciusko?Superior Court III where Connor argued for dismal. While she agreed Reichard was not at fault, she said Indiana law is clear. “This raises concerns about whether the mayor and the police chief are being careful when it comes to making sure their officers are sworn in,” she said. Deputy Prosecutor Karin McGrath argued that the oath doesn’t make the officer. She argued for a “de facto officer doctrine.” She argued that since Reichard had been hired by WPD, issued a badge, a gun and reported to the police chief, he had authority to act. “The defendant should not benefit from an administrative error,” she said. “The failure to certify his oath, it’s simply a technical mistake that does not undermine his authority as officer.” Sutton agreed with McGrath and denied the motion to dismiss the charges on March 3. Fields’ scheduled jury trial in April has been put on hold, pending the results of the appeal.
