Prosecutor: 'Pulling' ticket

could be violation

By CYNTHIA AUKERMAN

News-Gazette reporter

Prosecutor David Daly really doesn't want to get involved in the Ridgeville Town Board's dismissal of John (Doug) Thornburg's ticket for a nuisance violation. However, he issued a written statement to the board and Marshal Alan Holly stating his opinion that attempts to get an officer to dismiss or withhold processing of a ticket could be a violation of state statute, possibly even obstruction of justice.

Holly asked Daly to review Indiana Code 9-30-3.7, which states: "A person who solicits or aides in the disposition or an attempted disposition of a traffic information or summons in an unauthorized manner is in criminal contempt of court having original jurisdiction of the cause of action or of the court named on the particular information in question."

The ticket in question is for an ordinance violation not a traffic offense.

Daly wrote: "I am not positively convinced that this statute would apply to any person or persons trying to get an officer or prosecutor or judge to dismiss a ticket, but it may very well apply. It would be up to the courts to determine whether or not that statute would apply."

"I am concerned, however, (that) someone attempting to induce by coercion an official to withhold testimony or information in an official proceeding might be violating the laws on obstruction of justice. I also believe that any attempts to (threat) as defined by exposing the person threatened to hatred, contempt, disgrace or ridicule might possibly violate the statutes on intimidation."

Daly's statement said that he "cannot imagine someone trying to get a ticket that was lawfully issued dismissed." He said he was not referring to the legality of the ordinance itself, as it may or may not prove to be a valid ordinance or a constitutional ordinance, which would be for the courts to determine.

"But if an ordinance is on the books, and an officer seeks to enforce it, I would consider a ticket that is issued to be lawfully issued," Daly said.

Daly concluded by asking for careful consideration of the matter. He added, "I have not and I do not want to receive a request to take official action regarding a matter such as this. The issue of the performance of the marshal's duties are the subject of the town board. The issuance of the legalities of an ordinance are best dealt with by the courts unless the board chooses in the future to repeal an ordinance."

The ticket involved was issued by Holly to Thornburg on or about July 13 regarding two unplated vehicles at a location that Thornburg had formerly used for a used car lot. At the July 18 town board meeting, Tina Thornburg (wife of John Doug Thornburg) and Dale Phillips voted to pull the ticket. Board president Gary Davis voted against pulling the ticket.

Daly reviewed the ticket and the minutes of the July 18 town council meeting before preparing his written comments.

He wrote: "While I am reluctant to get involved in matters that do not concern my official duties as prosecutor, I will choose to share some comments and observations only because there exists the possibility that the matter will be referred to my office for my review and decision as to possible action."