May 2017 Health Department Inspection Result

Inspections sent May 24th 2017

Establishment Critical Non Critical Comments
Chuckles 0 0 No Violations
Linton Cinema 0 0 No Violations
CVS Linton 0 0 No Violations
Geneva’s Pizza 0 0 No Violations
Greene County Jail 0 0 No Violations
Franciso De Borja Coffee 0 0 No Violations
The Breakfast Place 1 3 Sanitizing wipes are not properly stored in sanitizing solution, Items are not properly dated and labeled, Ventilation hoods needs cleaned, Ceilings in kitchen area need repaired
McDonalds 0 0 No Violations
Miner Diner 3 4 Uncooked eggs are stored above ready to eat foods, Dishwasher is not properly sanitizing, Mouse droppings are found throughout facility, All cooling units need cleaned, Hood vent needs cleaned, Rear door has visible gap along bottom, Facility needs routinely cleaned
Country Porch Linton (West) 0 0 No Violations
Country Porch Bloomfield 0 1 Ceiling in bathroom needs repaired
Front Porch 0 0 No Violations
Erin’s Coffee House 0 0 No Violations
Goosepond Pizza 0 0 No Violations
The Palace 0 0 No Violations
Taco Bell 0 2 Facility needs routinely cleaned, Equipment is soiled with food debris
Southside 0 0 No Violations
Smoker’s Host 0 0 No Violations
Sportsman’s Pub 0 0 No Violations
Casey’s Linton 0 0 No Violations
Linton Stop & Shop 0 0 No Violations

Lewis Woman Allegedly Spits on Officer

Misty Moyer

Misty D. Moyer, 30, of Lewis, is facing a level 6 felony charge of battery against a public safety officer.

Linton Police Officer Nicholas B. Yingling was dispatched to a Linton business on Feb. 2, where a woman was reportedly acting strangely. When Yingling arrived, Moyer was allegedly staggering and had slurred speech.

Yingling reported that he took Moyer to the police station to speak privately. On the way, he stated that she was talking about people who were going to shoot her. She also allegedly asked Yingling if he was going to shoot her.

Moyer reportedly said she did not want to go home, and tried to open the door to jump out. When they arrived at the police department, Moyer allegedly asked for water, took a drink and spit it on Yingling.

She was then transported to the Greene County Jail. She bonded out on Feb. 5.

Owensburg Man Accused of Battery, Theft

Lee Riley

On Thursday, Feb. 6, a warrant was issued for the arrest of 29-year-old Lee A. Riley. He was booked into the Greene County Jail early on the morning of Thursday, Feb. 13.

On Sunday, Feb. 2, a man contacted the Greene County Sheriff’s Department to report that someone had struck him in the back of the head with an object, and that he was bleeding. The man told Deputy James Carpenter that he recognized the man who struck him but did not know his name.

According to a probable cause affidavit, the man was bleeding severely down his back and neck and said he felt like he was about to faint. He was taken to Monroe County Hospital, where Carpenter spoke with him again later that same day.

The man said he opened his door after someone knocked on it, and saw the man who had cut firewood at his residence the day before standing at the bottom of his porch steps. He stated that he was then struck in the head from behind. He told Carpenter he fell to his knees on the porch and that the man later identified as Riley began striking him, too.

He said he was struck multiple times in the back of the head, shoulders, and back. He told Carpenter that he did not see the first person who struck him from behind, and also that he did not see a vehicle. He stated that after he rolled over and grabbed the pant leg of the man later identified as Riley, both of his attackers ran down the steps and left.

The man added that he realized his wallet was hanging out of his pocket, and that he was missing $600.

Carpenter provided the man with a photo line-up of six individuals, and the man selected the photo of Riley as that of the man who attacked him.

The physician who treated the man said he had been struck in the head at least five to six times, causing lacerations. He also had strike points to his back and required several staples to close the wounds.

Riley is preliminarily charged with battery resulting in serious bodily injury, a class C felony, and theft, a class D felony. As of Friday morning, he was being held without bond.

Two Men Accused of Stealing Guns, Cash

Michael Ray

Two men are accused of stealing four guns and a lock box from a Bloomfield residence in January.

Thirty-three-year-old Michael R. Ray, of Springville, was taken into custody Friday. A warrant for 25-year-old Samuel Bates, of Bloomfield, was issued on Feb. 3.

On the morning of January 30, a man contacted the Greene County Sheriff’s Department to report that he had just seen two men leave his father’s residence. He identified the men, both of whom he said were friends of his, and stated that he saw Bates exiting the home through a dog door on the side of the attached garage.

The caller reported that Bates removed several items from the garage, and that he and Ray left in Bates’ car. He said he tried to follow them in his own car, but was unable to keep up in traffic.

Deputy Shawn Cullison met with the homeowner, who reported four missing guns– a Glock, a Phoenix 22LR, a Winchester 30-30 lever gun, and a Remington 22LR semi-automatic rifle. He also said he was missing a lock box that contained paperwork for the guns, a debit card, and a wallet containing $600 cash.

The missing items had been stored in a gun safe in the garage, and the owner said the safe was normally locked but that he did not remember locking it the night before. He told Cullison that he knew both of the suspects and that Bates was into drugs and thefts before, but that he never thought he would steal from him.

Cullison contacted the Monroe County Sheriff’s Office, and learned that Bates was on probation. His probation officer reported that he was supposed to report to her office daily, but had failed to show up on Jan 29 and 30.

Cullison spoke with the son of the victim again, who reported that his father also remembered having $10,000 in cash in the lock box.

Ray is charged with theft, a class D felony, and burglary, a class B felony. His cash-only bond was set at $19,000, with no ten percent allowed. As of Monday morning he remained in the Greene County Jail.

Commissioners Authorize Credit Card Payments at Jail

courthouse1

The Greene County Commissioners voted on Tuesday to authorize Sheriff Terry Pierce to sign a credit card payment contract for the Greene County Sheriff’s Department.

County Attorney Marilyn Hartman explained that in order to help people post bond after being arrested, the jail would like to accept credit cards.

Chief Deputy Major Michael Hasler noted that most jails in Indiana already accept credit cards for bond payments. He said situations arise where families want to bond someone out of the Greene County Jail over the weekend, but need to wait for the bank to open on Monday morning in order to get the cash.

“A lot of the jails, due to medical issues and overcrowding issues, have went to this so that [the families] come in and [the jail] can actually accept a credit card as a bond. That’s going to be guaranteed and move the inmate through the system faster on our end,” he stated.

Hartman noted that the county will receive a portion of the credit card transactions.

The commissioners have considered installing EasyWater no salt water conditioning systems at both the courthouse and jail. The system promises to remove existing scaling and prevent future scaling on equipment, without softening the water.

Commissioner President Rick Graves noted that he could not find another company that provides equipment similar to that of EasyWater. Commissioner Ed Michael said that since the courthouse does not have a working water softener and the jail does, he would recommend trying it at the courthouse, cutting out a sample of pipe to see if it gets rid of scaling, and installing one at the jail at a later time if they are pleased with the product.

Commissioner Nathan Abrams mentioned that Chief Deputy Major Michael Hasler was concerned about losing the jail’s water softener, since it would increase their laundry costs due to using more detergent.

The commissioners voted to move forward with the sampling and installation at the courthouse.

In other business, the commissioners:

  • Accepted a uniform conflict of interest disclosure statement from Teddy York, who serves on the Drainage Board
  • Re-appointed Hal Harp, Allen Toon, and Scott Oliphant to the Greene County Regional Sewer District
  • Allowed EMS Director David Doane to subscribe to software for the ambulance department to write reports on, instead of handwriting the reports
  • Granted a rental agreement waiver to Open Arms Christian Home for a special event they will be hosting

Bloomfield Man Accused of Smuggling Urine into Drug Test, Escaping Law Enforcement

01-28-14_arrest-001

Benjamin L. Edwards, 37, is accused of smuggling urine into a drug test and fleeing an officer.

On January 24, Edwards was ordered into home detention for a probation violation.

On Monday, during Edwards’ drug screen test, Greene County Community Correction Facility employee Don Fish allegedly discovered that he was concealing a small plastic bottle of urine in his undergarment. Edwards was told to wait in the office lobby for further investigation and it was determined that he would be returned to the Greene County Jail for violation of his court ordered agreement.

Greene County Sheriff’s Department Detective James O’Malley responded to the Community Correction facility in Bloomfield and met with Edwards. According to a probable cause affidavit filed Wednesday, Edwards told O’Malley that he did not understand why his attempt to alter the drug screen would cause him to be returned to jail.

Edwards then allegedly pushed O’Malley into an unlocked lobby door and ran from the building.

Contact with the door resulted in a cut and an abrasion to O’Malley’s arm, which caused significant swelling.

O’Malley chased after Edwards, telling him to stop several times.  Edwards continued to flee until he was apprehended on 12th Street several minutes later.

Edwards is charged with escape, a class B felony, and interfering with a drug or alcohol screening test, a class B misdemeanor.

 

 

Guns, Drugs Lead to Criminal Charges in Lyons

01-28-14_arrest-002

As part of an ongoing, multi-agency criminal investigation by the Linton Police Department, the Greene County Sheriff’s Department, and the Lyons Police Department, a search warrant was issued on Monday for the residence of Jonathan K. Quillen, 27, of Lyons.

Officers seized 19 bags of what they believe to be marijuana, numerous bags of various types of prescription pills, digital scales, and ledgers.

According to an LPD news release, there were also three loaded handguns at the residence, two of which were determined to be stolen.

Quillen was not at the residence when the search warrant was executed, but Linton Detective Sergeant Josh Goodman and Lyons Marshal Ron Sparks found him hiding at a different residence later on Monday. Quillen was arrested and booked into the Greene County Jail.

Information from the Crime Stoppers Tip Line helped lead to this arrest.

Quillen is preliminarily charged with two counts of dealing in a schedule II controlled substance, a class B felony, two counts of dealing in a schedule IV controlled substance, a class C felony, and one count each possession of a controlled substance, possession of marijuana over 30 grams, receiving stolen property, and maintaining a common nuisance, all class D felonies.

This investigation is ongoing, and Investigating Officer Goodman has been assisted by Sparks, Greene County Sheriff’s Department Deputy Harvey Holt, and members of the Greene County Drug Task Force including the Jasonville Police Department and Indiana State Police.

 

 

Jasonville Man Allegedly Fails to Register as Sex Offender

01-27-14_arrest-005

Daniel A. Wilson, 28, was booked into the Greene County Jail early Sunday morning on a charge of failing to register as a sex offender, a class D felony. A warrant for his arrest was issued last Thursday.

On December 9, 2013, Greene County’s Sex and Violent Offender Registrar, Denise Andrew, asked Jasonville Police Department Sergeant Brian Pilant to verify Wilson’s address. According to a probable cause affidavit, Pilant discovered that Wilson was not staying at his listed address and contacted one of Wilson’s family members, who said he had not been staying at the listed address but instead had been in Linton and Jasonville with her ex-husband.

The family member’s ex-husband told Pilant that Wilson refused to register at his address and stay there with him. He added that Wilson was staying with another man in Linton and also with a woman in Terre Haute.

Wilson was convicted of sexual misconduct with a minor in November of 2007 and is required to register his address for 10 years.

His bond is set at $4,000 with an optional amount of $400.

Jasonville Man Allegedly Fails to Register as Sex Offender

01-27-14_arrest-005

Daniel A. Wilson, 28, was booked into the Greene County Jail early Sunday morning on a charge of failing to register as a sex offender, a class D felony. A warrant for his arrest was issued last Thursday.

On December 9, 2013, Greene County’s Sex and Violent Offender Registrar, Denise Andrew, asked Jasonville Police Department Sergeant Brian Pilant to verify Wilson’s address. According to a probable cause affidavit, Pilant discovered that Wilson was not staying at his listed address and contacted one of Wilson’s family members, who said he had not been staying at the listed address but instead had been in Linton and Jasonville with her ex-husband.

The family member’s ex-husband told Pilant that Wilson refused to register at his address and stay there with him. He added that Wilson was staying with another man in Linton and also with a woman in Terre Haute.

Wilson was convicted of sexual misconduct with a minor in November of 2007 and is required to register his address for 10 years.

His bond is set at $4,000 with an optional amount of $400.

Greene County Sheriff January 24

Matthew W. Jacobs, 23, of Bloomfield, is charged with battery, a class D felony. Jacobs was arrested by Bloomfield Police Department Deputy Marshal Marvin Holt and was booked into the Greene County Jail Friday morning. He is being held on $4,000 bond with an optional amount of $400 (10 percent).

 

Man Accused of Setting Door on Fire in Bloomfield

Aaron williams

On Sunday, Jan. 19, Bloomfield Police Department Chief Deputy Marshal Jeremy Inman was dispatched to a fire at the main entrance of an apartment complex on Mill Street.

When Inman arrived, the fire was out but the doorway was still smoking and a gas can had been left near the door. He then talked to two men he saw walking up the alley west of the apartment complex.

One of the men was 23-year-old Aaron J. Williams.

The second man said he had not done anything wrong and that he would talk, and Inman took both men to the Greene County Jail to be interviewed. According to a probable cause affidavit, that man told Inman and Indiana State Police Trooper Richard Klun that he was visiting two people at the apartment complex when someone started knocking on windows and doors, and that the women said it might have been the police looking for someone. He stated that no one was at the door but a short time later he was walking down the hallway when he heard women yelling the place was on fire.

The man said he went outside and spoke with Williams, who told him to walk with him. The man said they discussed issues that they had in the past and that when he asked Williams about setting the fire, Williams told him that it was less than a gallon of gas. The man told Inman that he thought Williams was after him because of their past.

Williams told Inman and Klun that he had been looking for the other man and that he first placed a cigarette butt on the screen door to get the attention of the people inside, after he had tried knocking on doors and windows. He said he did not pour gas on the door but that he did see a gas can nearby. Inman asked Williams about the odor of gas on him and Williams stated that he had gas on his clothes and gloves because he had run out of gas earlier in the night.

Williams said he stuck the cigarette butt to the door because he was upset and wanted to talk to the other man, that he did not report the fire because it went out, and that he never put anybody in danger when setting the door on fire. He added that if it would have placed anybody in danger he would not have done it.

Inman spoke with a woman who was in the apartment complex at the time of the fire, who told him that she saw Williams pour gas on the front door.

When Klun talked with Williams later on Sunday, Williams allegedly admitted to pouring gas on the front door.

The apartment complex contains three apartments and all occupants have to use the main entrance to enter and leave the apartments. Inman noted that when Williams started the fire there were approximately six people inside the building, all of whom were placed in danger.

Williams is charged with arson, a class B felony. His jury trial is scheduled to begin on April 15.

 

The B-Roll, January 12-20, 2014

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Jasonville Resident Accused of Fracturing Man’s Skull

Ronald Fox

Ronald E. Fox II, 48, was arrested Wednesday on a warrant for a charge of battery committed by means of a deadly weapon or resulting in serious bodily injury, a class C felony, after allegedly fracturing another man’s skull in November of last year.

Early on the morning of November 29, the Jasonville Police Department received a report of a fight involving multiple people. Linton Police Department Officer Paul Clark responded to the residence on South Lawton Street first and spoke with Fox, who told him that everyone was okay and, according to a probable cause affidavit, seemed dismissive of the situation. Clark stated that Fox said he was looking for his keys, and that when he was asked where the other individuals involved were located he said that one man was inside the residence.

Clark contacted medical personnel to examine the second man, who complained of blurred vision to his left eye and stated that he could not hear from his left ear.

Officer Ryan Van Horn, of the Jasonville Police Department, arrived and noted that Fox had blood and cuts on both hands. The second man told Van Horn that he had been at a bar with Fox when they met two other men. He said one of the other men flirted with some girls, which upset Fox.

The man said he and Fox left the bar and went to his house but that later, when Fox was very upset and angry, the man who had upset him tried to apologize and when Fox became agitated and started towards that man he stepped between them to prevent a fight. He told Van Horn that Fox began yelling at him and then attacked him, slamming him to the ground. He added that he could not remember anything after that point, and a family member took him to Greene County General Hospital.

Van Horn stated in the court document that both of the men who witnessed the situation gave a similar account of it, and said they were concerned for the man because he was not acting right after he hit his head being slammed to the ground by Fox.

Fox was taken into custody and interviewed at the Greene County Jail.

He told Van Horn there was an issue at the bar when another man flirted with married girls and that he thought it was tacky. He stated that when everyone was at the residence the injured man went after him and took him to the ground. He said he never slammed that man to the ground and that there was never a fight.

Van Horn noted that Fox continually stated that he was the guy on the bottom trying to get on top.

Officer Andrew Duguay interviewed the two other men who were present at the bar and at the residence, as well as a neighbor who said she got a call from Fox telling her to go the residence. She told Duguay that Fox and the man who was injured started fighting and that the other two men tried to pull them apart. She said they got them apart but a short time later they started fighting again.

The woman advised that during the second fight the injured man was on the bottom, Fox was in the middle, and one of the other men was hitting Fox. She said she did not recall seeing Fox throw the man but that when Fox is drunk he is mean, and added that after the fight Fox went toward the house, punched a window out, and hit his head off the wall.

One of the men told Duguay that the fight started when the injured man tried to calm Fox down. He said that when Fox slammed the other man on the ground he could hear his head hit, and that he then became involved in order to get Fox off the other man. He added that a neighbor broke the incident up a short time later.

The last man said that the injured man was trying to keep things calm when Fox started making comments to antagonize him, and that it became a pushing match that led to Fox trying to punch the other two men. He said the neighbor arrived and tried to break the fight up and that Fox then caused the man to hit his head on the ground.

He told Duguay that after they got the injured man away the other man fought with Fox to keep him down. He added that a short time later the incident was broken up by a neighbor.

Van Horn noted that medical records from Greene County General Hospital showed that the man who hit his head had a skull fracture in the left occipital region.

Three Greene County Residents Face Meth-Related Charges

Raul Sepulveda, Jr.

Indiana State Police Trooper Richard Klun booked three individuals into the Greene County Jail on methamphetamine-related charges between 1 and 2 a.m. on Friday.

Raul Sepulveda, Jr., 33, of Bloomfield, is preliminarily charged with possession of methamphetamine, a class D felony, dealing methamphetamine, a class B felony, and possession/sale of precursors, a class D felony. Additionally, he was arrested on a warrant for a petition to revoke bond, a separate arrest warrant, and an Owen County warrant for a charge of contempt of court.

Christie L. Rupp, 30, of Bloomfield, faces preliminary charges of possession of methamphetamine, a class D felony, maintaining a common nuisance, a class D felony, two counts of possession/sale of precursors, class D felonies, and dealing methamphetamine, a class B felony.

Brandy M. Bailey, 36, of Linton, is preliminarily charged with possession of methamphetamine and two counts of possession/sale of precursors, all class D felonies.

All three suspects are currently being held without bond.

Two Men Accused of Beating Linton Resident

Jared Rush

Late last Saturday morning Linton Police Department Officer Brock Garrison responded to a battery complaint.

The victim’s injuries, which included two abrasions that required stitches, contusions, swelling, a broken nose, and a concussion, were treated at the Greene County General Hospital. Afterwards, he spoke with Garrison at the Linton Police Department.

According to a probable cause affidavit, the victim said he woke up Saturday morning at about 9 a.m. to the sound of knocking. Two men were at his front door and one, later identified as Jared M. Rush, 30, of Lyons, was looking for a woman who was at the victim’s residence.

The victim told Garrison that he first told Rush she was not there, but then Rush stepped into his residence while yelling for the woman. The victim then told him to get out of his house and then he would go get the woman. He tried to close the front door but Rush threw up his hand, preventing him from shutting it.

The victim said he then went to get the woman, and when he returned with her Rush entered the residence uninvited and struck him in the side of the face, knocking him onto the couch. The victim told Garrison the second man, later identified as Ryan R. Wilson, 28, of Sullivan, also entered the residence and began to hit him in the face. He stated that both men punched him in the face several times while he was on the couch.

After the beating, the victim said he told the men to leave, which they did after arguing for a few moments.

Wilson was located, arrested, and taken to the Linton Police Department. He told Garrison that Rush and a man at the residence got into a physical altercation and he stayed on the porch, and added that he had not seen or talked to Rush since Rush dropped him off at his truck after the incident.

The woman also spoke with Garrison, and told him she was intimidated by Rush but that she went to the front of the house when she heard the victim and Rush arguing. She said she saw Rush striking the victim in the face and that Wilson also entered the residence and she believed he was striking the victim in the face, too. She added that when Wilson came in he kicked a vase and broke it, and that the men stopped hitting the victim after she told them she was calling the police.

The woman also told Garrison she knew both men.

A warrant for Rush’s arrest was issued on Tuesday, and he was booked into the Greene County Jail around 1:30 a.m. on Wednesday.

Both men are charged with battery resulting in serious injury, a class C felony, and residential entry, a class D felony.

Officer Jason Wilson assisted in the investigation.

 

Troy White Accused of Using Drugs before Breaking into Linton Home, Frightening Two Children

Troy White

Troy S. White, 30, of Linton, is charged with burglary, a class B felony, two counts of criminal confinement, class C felonies, theft, a class D felony, and possession of marijuana, a class A misdemeanor.

White is accused of breaking into a Linton home where two preteens were alone before walking to school on Monday morning.

According to a probable cause affidavit, Linton Police Department Officer Thomas Jerrels was dispatched to the residence at about 6:40 a.m. When Jerrels arrived, resident Terrie Schaper told him a man was inside the house. Jerrels heard a commotion inside, and when he looked through a window he saw the man later identified as White erratically swinging a large extendable paint roller handle.

When White saw Jerrels, he used the paint handle to break the window and began saying that there were men in the house. At that time, the two children exited through the window. After they were out of the house, Jerrels began ordering White to exit out the window, and he eventually complied.

When he was handcuffed, White told Jerrels there was a man with a gun inside the residence. Officer Karl Jacobshagen arrived and helped Jerrels search the residence. They did not locate anyone else inside.

Jacobshagen searched White, and found a prescription pill bottle containing a clear plastic bag with a green plant-like substance the officers believe to be marijuana.

When Jacobshagen walked White to his patrol vehicle, Schaper told the officers the hat White was wearing belonged to her daughter.

Jerrels interviewed White at the Linton Police Department. White said he had entered the residence because he was attempting to protect his family, and that he was being chased by several car loads of subjects.

During the interview, White admitted he had taken Xanax, snorted a line of meth, and drank. According to the court document, at the crime scene White told Jerrels that he had smoked synthetic drugs. Later, he said the only time he hallucinates is if he has been up for a long time.

When Jerrels attempted to interview White a second time at the Greene County Jail, White seemed to be confused. He told Jerrels he did the wrong thing because of the drugs he was on at the time of the incident.

White consented to a blood draw, and the blood kit has been sent to the Indiana Department of Toxicology.

Read more about the incident here.

Teen Arrested for Allegedly Resisting Law Enforcement, Possessing Alcohol

Samuel Nalley

19-year-old Samuel D. D. Nalley, of Springville, is charged with resisting law enforcement, a class D felony, and illegal possession of an alcoholic beverage, a class C misdemeanor.

On Saturday afternoon Indiana State Trooper Eric Nash was working traffic patrol when he saw a white Cadillac passenger car traveling east on State Road 58 west of County Road 380 East at what seemed to be a high rate of speed. He clocked the vehicle at 69 mph in a 55 mph zone.

Nash needed to clear a curve before he could safely turn around to stop the Cadillac, so once he cleared the curve he hit his emergency lights and turned around in a private drive. As he headed back he could not see the other vehicle, so he turned south on County Road 380 East and re-located it. Nash called ISP dispatch to let them know he had a vehicle that turned off and failed to stop, and chased the Cadillac for about a mile before it pulled over.

According to a probable cause affidavit, when Nash spoke to the driver, Nalley, he noticed that Nalley’s eyes were extremely blood-shot and he seemed nervous and jittery. Nalley told Nash he was heading to his grandmother’s residence 10 to 12 miles up the road and Nash pointed out that the road did not go that far, at which point Nalley indicated that she did not live on that road.

Nash asked Nalley if he had turned onto the road to avoid or get away from him, and Nalley said he didn’t know if Nash was coming after him but he turned off thinking Nash wouldn’t stop him. Nalley then indicated he thought Nash was Trooper Mike Adams, who used to coach him in football, and acted as if he was playing a trick on Adams.

Nash explained that Nalley had resisted law enforcement with a vehicle and told him that he suspected he had been smoking marijuana. Nalley said he had not smoked any marijuana in the car, and when Nash told him it did not matter if he smoked it in the car or not Nalley explained that he had smoked marijuana about two hours earlier but not in the car. When Nash asked him if there was any marijuana in the vehicle, Nalley replied that there was a bowl in the car and that his passenger had it.

Nalley had a hard time following instructions for a Horizontal Gaze Nystagmus field sobriety test and then agreed to take the chemical test. Due to equipment in Nash’s vehicle and the size of Nalley, Nash could not secure Nalley in the seat and belt him in, so he called for assistance to take him to the Greene County Jail. Nash had Nalley partially sit in the front seat of his car while he talked to the passenger.

The passenger said Nalley had thrown a bowl at him and told him to hide it as Nash was pulling them over. He said the pipe had spice in it, and that he had either thrown it under the front seat or into the glove box. Nash could smell alcohol and when he asked the passenger about it he said he and Nalley had stopped to get a beer and that he had maybe one or two drinks from the beer before Nash stopped them.

The beer was next to his left leg on the floor between the seat and center console.

The passenger said Nalley had been smoking from the pipe while driving the car just before Nash pulled them over and that he had not smoked any.

Nash discovered that Nalley’s driving privileges were suspended in Indiana because of a no-insurance accident in August 2013.

Trooper Richard Klun and Greene County Sheriff’s Department Deputy Davis Aerne arrived to assist, and they located the pipe in the glove box. It did not field test positive for marijuana.

Aerne took Nalley to the jail and Klun waited for the wrecker to arrive while Nash cited the passenger for an open container violation and went to the jail to talk to Nalley. Nalley told him the pipe belonged to the passenger and that it was also the passenger’s idea to get the beer. He asked what he was being charged with and when Nash told him the charges he indicated he really wasn’t trying to get away from Nash.

Nalley’s blood draw was videotaped at the jail.