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An internal review of alleged negligence by a Kosciusko County Sheriff's Department detective on an investigation into an attempted murder case concluded that the detective did not provide full information to the county prosecutor.
Det. Joe Mooney "negligently left out a copy of a statement ... as well as other physical evidence, which should have been disclosed to the prosecutor's office early on in the case," the report said.
It also concluded that the statement Mooney left out contained contradictory information. Mooney should have followed up the statement with another interview and investigation, which was not done.
Sheriff Al Rovenstine said today he had not yet discussed the report with Mooney and was not prepared to release publicly what disciplinary actions, if any, he would take as a result of the report's findings.
The internal investigation was undertaken after county prosecutor David Kolbe filed a motion in Kosciusko Superior Court on Sept. 10 to dismiss charges against Raymond Montgomery, 22, of South Bend. Montgomery was charged with attempted murder after shooting Luis Martinez Diaz in Leesburg last October.
Kolbe sought to dismiss the case against Montgomery because he claimed Mooney withheld information that was crucial to the prosecutor's case. Mooney was the lead investigator on the case.
The report, which was issued by Capt. Burdell Blackburn, Lt. Thomas E. Kitch and Det./Sgt. Thomas L. Brindle, said the investigators found information as recently as Sept. 16 that Mooney had not turned over to prosecutor's office investigators.
Mooney told investigators he "didn't specifically keep track of which files he had made copies of and submitted to the prosecutor." He also said he told Kolbe he would provide any information Kolbe's office requested.
Kolbe said last month he told Rovenstine he would not work with Mooney. "I prefer cases coming through another officer handling the matter," he said on Sept. 10.
Kolbe and the investigators said they believed Mooney did not act with malicious intent.
Mooney was placed on paid administrative leave during the internal investigation.
