The Clinton County Sheriff’s Merit Board ruled on Wednesday evening, Oct. 23 that Deputy Melissa Trump would not be terminated, but the Board ruled that Trump would face a suspension without pay for 30 working days as the disciplinary penalty for the findings in the case against her.
The Board, consisting of John Wright, Brad Smith, Jannine Rule and Mike Boesch, ruled on the motion to suspend Deputy Trump in a vote of 3 to 1 based on their findings following a hearing held on Wednesday, Oct. 16. Board member Mark Palmer was unable to attend the complete public hearing and decided to abstain from the vote. The initial charging document saw a recommendation to the board from Sheriff Rich Kelly to “terminate” Trump based on the charges and the evidence.
During the hearing, Trump was represented by attorney Adam Brower, and the Sheriff was represented by attorney Tonya Bond. The Board was advised by attorney Michelle Cooper on matters of law and procedure.
Merit Board Finding of Facts:
The Board filed their findings of fact in the matter. According to the filing, during the hearing, the Sheriff called Clinton County Prosecutor Anthony Sommer and Detective Dan Roudebush to testify. In addition to testifying herself, Trump called Donovan Denham, Heather Dison, Jeff Dison and Tess Short to testify.
The findings state that Trump’s son, Blake, 20, and his girlfriend, Tess, 20, visited Trump’s home on the night of March 1, and when they arrived, she was at the next door neighbor’s house. According to the document, Trump’s fiancé, Denham, was at the home with friends. The findings stated that Blake was drinking a beer while at the home, and Tess was drinking alcohol while at the home and was intoxicated. The document states that shortly after Trump’s return home, Blake and Tess were preparing to leave the house, and Trump attempted to have the two remain at her home due to them drinking. However, the two reportedly departed regardless of her offer.
The document states that Trump had the two take a portable breath test using her device issued from the Sheriff’s Department with Blake blowing under the legal limit and Tess blowing over the legal limit. The two reportedly left the house with Blake driving before being pulled over by a Noblesville Police officer. According to the document, “during the stop, Tess told the officers that they had been over at Deputy Trump’s home drinking alcohol.”
On or around March 4, Roudebush was reportedly contacted by Detective Sgt. Tim Hendricks of the Noblesville Police Department to notify him that the two had been pulled over for expired plates, and they were arrested for the illegal consumption of alcohol by a minor on March 2. Both Blake and Tess were 20-years-old at the time of the test. Roudebush reportedly notified the Sheriff, and an internal employment investigation was launched.
During the hearing, four body camera footages were admitted into evidence from the traffic stop, including footage from Officer Lane Snyder, Officer Krystal Watters, Officer Christopher Heselschwerdt, Officer Matt Wiles and Officer Matt Lohrey.
The document stated that during the internal investigation, Roudebush interviewed trump and a voluntary polygraph examination was conducted. Recordings of the interview and examination were entered into evidence. According to the findings, Trump did not dispute that the two underage persons were drinking at her home and she was aware. When talking with the polygrapher, Trump reportedly told him that the incident was not the first time they had consumed alcohol around her, stating that a group had taken Tess out for her 20th birthday where an employee brought her a shot of tequila. According to the document, “Deputy Trump said the restaurant thought Tess was 21 and they were all just going along with it. Deputy Trump said it was not like she was going to stop it.” Trump reportedly admitted to the polygrapher that she knowingly permitted Tess to consume alcohol the night of her 20th birthday.
The document noted that Trump “suggested” during her testimony at the public hearing that she was unaware that Tess was under 21-years-old when the group visited the restaurant, which the Board found was in conflict with the information provided to the polygrapher.
The document stated that Trump told the polygrapher that on the night the two were pulled over and arrested, she had alcohol at her house but did not purchase it for Blake and Tess and did not offer it to them, and Trump further presented evidence suggesting that the alcohol consumed that night by Tess was brought to her house by a neighbor. Officer Lohrey’s body camera footage showed Tess stating that the alcohol was “Blake’s mom’s” and “she (Deputy Trump) was letting them drink it.”
Trump also reportedly admitted to the polygraph interviewer that she had “given (Tess) seltzers in the past,” and she stated that “I know there have been one or two times Tess has been at my house drinking, when I told Blake she could stay the night.” Trump reiterated that on the night in question where the two were arrested, she did not provide them with the alcohol but was aware that they had been drinking.
Merit Board Rulings:
The Merit Board stated that on the charge of “conduct unbecoming to an officer,” the Sheriff’s charge against Trump was substantiated by the evidence presented. The Board stated that the decision was determined as Trump violated the rule by admitting to a history of conduct of providing alcoholic beverages to minors and allowing them to drink in her presence. According to the Board, “Deputy Trump’s utter disregard to the laws concerning the consumption of alcohol by minors is reinforced in her own words when she said minor consumption is a [redacted] charge.” The Board stated that the members viewed the act as a double standard with the manner in which she was living compared to how she is enforcing the law.
On the charge of violating the merit rule of “conformance to laws,” the Board ruled that “Deputy Trump does not respect the uniform or badge she wears” due to her previous admission of providing alcohol and allowing minors to drink in the past as well as her “blatant disregard” for laws prohibiting those below the age of 21 to drink.
On the charge of violating the merit rule of “individual obligations and duties of all personnel,” the Board ruled that Trump’s actions in the matter “reflect unfavorably on her and the Clinton County Sheriff’s office.” The Board stated that “Deputy Trump’s utter disregard for Indiana law prohibiting the consumption of alcohol by minors has led to public awareness that she, as a deputy of the Clinton County Sheriff’s Office, does not respect the laws she has sworn to protect and uphold.”
On the charge of violating the merit rule of “truthfulness,” the Board ruled that Trump had been untruthful in violation of Rule 4-6.4. According to the filing, the Board’s decision was rooted in the discrepancy between her polygraph examination where she stated that she was aware that Tess was 20-years-old when visiting the restaurant compared to the “suggestion” during her testimony that she was unaware that Tess was not 21-years-old.
The Board stated that after hearing and reviewing the evidence presented, the Board finds that the evidence establishes that Trump violated the Merit Board rules.
In a vote of 3 to 1, with Rule voting “nay,” the Board decided to suspend Trump without pay for 30 working days as the disciplinary penalty. The Sheriff’s initial recommendation for “termination” was not upheld.
In a post-hearing interview, Trump expressed her feelings on the matter, commenting that she is uncertain about what her position will be when she returns from the suspension.
“I’m just very happy to still have my position here,” Trump said. “I don’t know what that really means in the future since (the) Sheriff already did say if I do get to keep my position, he’s going to pursue further criminal charges or violations against me, so I don’t know what that really means. I just feel like it’s gonna be a cycle where we just keep ending up in the same situation.”
Trump further stated that she expects to not be reinstated as a K9 officer upon her return. Her previous K9 partner, Tiko, was reassigned to another handler at the department following the launch of the internal investigation and her initial suspension with pay.
Sheriff Rich Kelly stated that he will “let the document speak for itself.”
The decision may still be appealed by both parties.
For the initial story on the case, visit clintoncountydailynews.com.
Editor’s note: The [redacted] word was an expletive and, therefore, was redacted.