Batesville Herald Tribune, Batesville, Indiana

Local News

September 2, 2008

Franklin County Sheriff arrested

Debbie Blank and Diane Raver

Franklin County Sheriff Dale Maxie was arrested for operating while intoxicated just when police agencies around the state were cracking down on drunk drivers over the Labor Day weekend.

On Friday, Aug. 29, around 8:55 p.m. “Franklin County Deputy Gregory Mehlbauer stopped a red 2002 Jeep Liberty at Laurel Road and State Road 1 after he observed erratic driving,” said Sgt. John Bowling, Connersville District public information officer. “The vehicle had driven left of center and had failed to signal a turn, which led ... Mehlbauer to believe the driver could be intoxicated, fatigued or suffering from a medical condition.” Upon approaching the Jeep, the deputy found the driver to be Maxie, 50, Laurel.

Mehlbauer contacted the Indiana State Police Post at Connersville. Sgt. Brian Metcalfe and Trooper Brian Hamilton arrived at the scene in Franklin County just south of the Fayette County line. After they conducted an investigation, Maxie was lodged in the Fayette County Jail, Connersville, for operating while intoxicated, a Class A misdemeanor.

“It is the policy of the Indiana State Police to not release results of any tests taken or not taken,” Bowling said.

Franklin County Prosecutor Melvin Wilhelm said a blood alcohol content level of .08 to .14 is a Class C misdemeanor, and above this is a Class A misdemeanor.

The penalty for this offense may include jail time, up to a maximum of one year. There may also be a license suspension from 90 days to two years and a fine not to exceed $5,000, according to the prosecutor.

Maxie’s bond was set at $2,500, which meant he had to pay 10 percent, or $250.

“Somebody went to Franklin County and bonded him there,” reported Fayette County Sheriff Billy Wayson Sept. 2. “He was only held here just to not go to his own jail. He was released here at about 12:30 or 1 a.m.” Saturday, Aug. 30.

Wilhelm reported, “I am not going to be the prosecutor” in this case because the sheriff and prosecutor have a working relationship. He filed a request with Judge Steven Cox of Franklin Circuit Court to have a special prosecutor appointed.

When asked to whom the sheriff is accountable, Franklin County Commissioners President Tom Wilson noted, “He is elected by the public, and he has to report to them.” Also overlooking the Franklin County Sheriff’s Department are a county police merit board and the Indiana Sheriffs Association, he added.

“One of his own deputies made the initial stop, which showed the integrity of that office .... In Franklin County, no one is above the law," wilhelm said.

Maxie could not be reached for comment at his office or home. He has served as sheriff since Jan. 1, 2003.

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