Asbury back in local court, pleads guilty to probation violation

By ERIC BERNSEE

Editor

An embattled Cloverdale Community School Board member appeared in Putnam Superior Court Wednesday afternoon for the second time in 10 days, ultimately pleading guilty to probation violation.

As a result of the guilty plea entered in front of Judge Denny Bridges, Brian T. Asbury, 38, Cloverdale, will put one pending case behind him by mid-December.

But Asbury is far from finished with the legal system. He is still facing a separate driving with a suspended license charge locally and the more significant felony count of assault-willful injury filed in Iowa.

In fact, his ill-fated Nov. 3 visit to Independence (Buchanan County), Iowa, played into Wednesday's court proceedings.

In pleading guilty to a probation violation stemming from his 2012 guilty plea to driving while intoxicated, Asbury admitted that while on probation, he left the state of Indiana (to go to Iowa in early November) without receiving court permission to do so, and also failed to complete a court-ordered substance abuse treatment program by skipping his last two scheduled counseling sessions.

He had also violated his probation in the original case when an August 2013 drug screen came back positive for methamphetamine.

Asbury was arrested by Greencastle City Police Officer Ed Wilson on a petition to revoke probation at 5 p.m. Tuesday at the Putnam County Courthouse.

He was immediately lodged in the Putnam County Jail, where Asbury will now spend at least the next 16 days as he completes the reinstated remainder of time that had been suspended on his original driving while intoxicated charge.

After that, Deputy Prosecutor Jim Ensley noted, that single case against Asbury will be closed.

Ensley said the Prosecutor's Office was unaware of the felony charge pending in Iowa until Asbury was in the midst of his Nov. 18 Superior Court appearance before Senior Judge T. Edward Page. It was then, as Judge Page pondered Asbury's release on bond, that jail officials told the court of a hold order received from Iowa.

Had that been known previously, Asbury likely would have faced a petition to revoke probation charge at that time.

An agreement to plead guilty to probation violation and complete the reinstated time was okayed Wednesday by public defender Scott Adams and the prosecution, with Judge Bridges subsequently accepting it. The judge then imposed the remaining 34 days, of which half will be actually served and one day will be subtracted due to the time Asbury spent in jail following his arrest Tuesday.

Local officials had no new information on the pending Iowa case, which charges Asbury and Cloverdale wrestling coach Steve Livingston, 34, Spencer, with the felony count of assault-willful injury.

Asbury and Livingston, who were reportedly in Iowa in early November to pick up wrestling mats, are set to appear in a Buchanan County courtroom at 9 a.m. Dec. 11.

The police report claims the two men went to an Independence bar where one of the reported victims talked to the Cloverdale men about their alleged interaction with his wife and cousin. The Iowa men also alleged they were jumped by Asbury and Livingston outside the bar.

Independence Police found Bronson Wierck with a bloody nose and a cut to the head. Greg Adamson's injuries were more serious. His left eye was bloody, swollen and bruised. It was described by police as "hanging out of its socket."

After authorities located Asbury and Livingston at a nearby motel, Asbury admitted under questioning to hitting both Wierck and Adamson several times.

Livingston denied hitting anyone, but the two alleged victims and several witnesses said otherwise.

Initially, Asbury was arrested on charges of misdemeanor assault and disorderly conduct. He was booked into the local jail, spending the night there before posting bond the next morning.

As the investigation continued, the eye injury reportedly became more serious than originally thought. Adamson's eye has already required one surgery and may need more.

Meanwhile, no known disciplinary action has yet been taken against the publicly elected school board member, either for Asbury's previous legal troubles or the current issue in Iowa.

Indiana law lacks clarity on what, if any, recourse can be taken against a publicly elected official accused of a crime. Indiana Code makes allowances for removing someone from office who is convicted of or pleads guilty to a felony.

However, in this case, Asbury is only accused of a felony. His previous conviction was for a misdemeanor.