Special prosecutor: No further false reporting charges expected

Friday, December 26, 2014

No further false reporting or perjury charges are expected against Putnam County Sheriff's Department deputies in relation to the 2012 arrest of Cletus Warren.

Parke County Prosecutor Steve Cvengros, serving as special prosecutor in the case, told the Banner Graphic that the Class B misdemeanor charge filed Monday against former Deputy Philip Troyer is likely the only one.

"According to the probable cause affidavit, it is alleged that Philip Troyer is the only officer that prepared any type of written report with regard to the Cletus Warren case," Cvengros said. "Again, these are only allegations and Troyer is to be considered innocent unless he is proven guilty in a court of law.

"At this point, I am not anticipating filing any other charges."

Testimony from Troyer and other officials in the federal police brutality case against former Deputy T.J. Smith potentially implicated other officers in the department, specifically Sgt. Jon Chadd and Sheriff Steve Fenwick.

However, Troyer was the only officer who signed his name to a report on the case. He later admitted false statements were made in the report.

In testimony in federal court, as well as in interviews with the FBI and Putnam County Prosecutor's Office Investigator David Meadows, Troyer said that Smith punched Warren in the eye while Troyer and Deputy Josh Boller had him restrained.

This flew in the face of the report, which said the officers were still struggling with Warren and which made no direct reference to Smith striking the suspect.

Troyer also said he received help in writing the report from Chadd.

In his own testimony, Chadd did not deny that falsifications were made, but said Fenwick had instructed that they be made.

The veteran deputy also said Fenwick seemed to encourage violence when arriving on the scene afterward, saying, "he should've struck him in the other eye."

Chadd's testimony was corroborated by Cloverdale Officer Charlie Hallam.

Taking the stand later in the trial, Fenwick denied any knowledge of the falsifications, nor that he made any statements condoning hitting the suspect.

Troyer and Chadd were both reassigned within the department following the trial.

The Warren case was one of two in which Smith was found guilty by a federal jury of having violated the civil rights of suspects under color of law. He was subsequently given a 14-month sentence in federal prison for the crimes.

No hearing dates have been set in the case against Troyer. A Class B misdemeanor is punishable by zero to 180 days in prison and a fine of up to $1,000.

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  • I don't see how this can't change the results of tj smith case. If they lied which they did Smith should at least get a retrial. I still say Chadd should get in trouble to.

    -- Posted by deerhunter1 on Mon, Dec 29, 2014, at 6:14 PM
  • Is Troyer being prosecuted because he was a federal witness who dared to tell the truth on the witness stand? Is Troyer being prosecuted because he obeyed his instruction? Is the prosecution of Troyer a design to keep others from revealing their knowledge to federal authorities? Is it amazing that Putnam County officials were not interested in public corruption until after Troyer testified? Could federal authorities be thinking similarly?

    -- Posted by 1gaclark1@gmail.com on Fri, Jan 2, 2015, at 7:09 PM
  • FBI seizes evidence from Sheriff's Office and then Putnam County officials charge a federal witness for false informing. Will we see county officials facing federal charges of witness tampering? Will TJ Smith enjoy company in the pokey? This might become more interesting!

    -- Posted by 1gaclark1@gmail.com on Sat, Jan 3, 2015, at 9:26 AM
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