The Herald Bulletin

Morning Update

Cops, courts and fires

April 1, 2009

Authorities weigh gun charge against councilman

Investigation under way at jail

ANDERSON — City Councilman Ollie Dixon, 60, could face up to 20 years in prison if officials bring charges against the longtime Anderson politician for bringing a loaded gun into the county jail after his arrest Saturday night.

Dixon was arrested for driving while under the influence Saturday at 10:36 p.m. after a traffic stop near the intersection of Alhambra Drive and Seventh Street.

Anderson police said a breath test revealed that Dixon’s blood-alcohol content was 0.20 percent, twice the legal limit of 0.08 percent.

Dixon was arrested and taken to the Madison County Jail after being patted down by the arresting officer.

Once at the jail, Sheriff Ron Richardson said videotape of the booking shows that his guards patted Dixon down twice but failed to find a weapon.

Dixon was found to have a loaded gun after another inmate alerted guards. Richardson said the gun fell from Dixon’s pant leg and he attempted to conceal it again before surrendering the weapon to corrections officers.

According to Indiana law, possessing a firearm inside a corrections facility is unlawful.

“A person who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other material that is used, or, is intended to be used in a manner that is readily capable of causing bodily injury commits a Class C felony,” the code noted.

“However, the offense is a Class B felony if the device, equipment, chemical substance, or other material is a deadly weapon,” the code concluded.

In Indiana, a Class B felony conviction carries a prison sentence of six to 20 years with an advisory sentence of 10 years and a fine no more than $10,000.

To date, Dixon has been charged with driving while under the influence, a Class A misdemeanor and two infractions, chemical test refusal and failing to signal a turn.

Richardson said he and Prosecutor Tom Broderick could still add charges but an internal investigation at the jail has not yet been concluded. “Once we determine what the conclusion is, we will decide what the charges are,” he said.

“When you look at the possession of the weapon period, in a correctional institution, you also have to look at the circumstances surrounding that,” Richardson said.

Richardson said Dixon was patted down twice before being placed in a holding cell based on the videotape from the night of the arrest, but has not yet concluded whether his officers followed protocol during the booking.

He expects the investigation to conclude in the next couple of days.

Dixon’s attorney, NiCale Rector, was assigned by Broderick to work in prosecutions for Madison County Court 2 (now Superior Court 5) and the Alexandria and Pendleton town courts. She has also represented the Broderick family in legal matters.

The Herald Bulletin has attempted for two days to contact Broderick regarding Dixon’s case but calls have not been returned.

On Tuesday, Rector said she would not comment on Dixon’s case.

City Attorney Tim Lanane said Dixon’s current charges are not cause for him to be removed from the City Council. “The law does not allow for a disqualification for a misdemeanor violation.”

If any member of the council should be convicted of a felony, however, the person shall be removed from office, he said.

Former Councilman Jay Stapleton does not believe Dixon should be removed from office based on his current charges of driving while under the influence. “I do not believe that he should step down because of it. I believe the voters have the ultimate right to make that decision.”

“The one thing that does surprise and concern me is that he has had past DUIs,” Stapleton said.

In 1989, Dixon pleaded guilty for driving under the influence and served probation. In 1990, he was arrested for driving drunk but the charge was lowered to public intoxication.

“I believe that elected officials should be held to a higher standard,” Stapleton said.

Dixon has not returned repeated calls by The Herald Bulletin since his initial comments on Sunday. His trial on the DWI charges is set for June 30.



Contact Brandi Watters: 640-4847, brandi.watters@heraldbulletin.com

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