The Herald Bulletin

Morning Update

Local News

February 5, 2006

Wrong charges filed by sheriff

The Royal Canadian Mounties might always get their man — but in one instance the Madison County Sheriff got the wrong man.

Michael E. Miller, 41, Alexandria, was arrested Jan. 24 in Ocala, Fla., on Madison County Class C felony charges of burglary, and Class D felony theft. He was also wanted for failure to register as a sex offender, a Class D felony.

But once Miller was returned to Madison County, the prosecutor’s office dismissed the burglary and theft charges against Miller.

“It has been brought to the state’s attention that this case was filed against the wrong defendant,” the Circuit Court document read. “The paperwork submitted by the Madison County Sheriff’s Department was erroneous.”

The paperwork was submitted by Sheriff’s Department patrolman Sam Hanna.

The Sheriff’s Department is starting an internal investigation to determine how the wrong arrest information was sent out, Sheriff Terry Richwine said Friday.

“We are conducting an internal investigation to find out how and why it happened,” he said. “This could have put us in a liability situation.”

Hanna did not return a telephone call to The Herald Bulletin.

Jail Commander Andy Williams said bringing Miller back to Indiana from Florida was done at minimal expense.

“There was no added expense,” he said. “Two reserve officers were all ready picking up two other people. They only had to drive about an hour out of the way to pick up Miller.”

The two reserve officers were not paid by the county and the only expense was for gasoline and meals, Williams said.

Prosecutor Rodney Cummings said that the failure to register as a sex offender is a charge the county would not normally seek extradition.

“Someone made a mistake somewhere,” he said. “They put the wrong information into the NCIC (National Crime Information Center). This is not the first time something was entered wrong, but it probably is the first time we brought someone back to the county.”

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