Judge Suppresses Evidence Gathered by Deputy Without Legal Authority

 Evidence was suppressed in a case heard in Pulaski Superior Court after it was found that the arresting officer did not have arrest powers at the time of the incident.

Court documents obtained by WKVI indicate Pulaski County Sheriff Mike Gayer appointed longtime reserve deputy John Haley as a part-time/special deputy on Sept. 7, 2011. He had until September of 2012 to complete the Indiana Law Enforcement Training Academy but did not do so. The only record of training in his personnel file is the pre-basic 40-hour course required by reserve deputies. Haley first joined the Pulaski County Sheriff’s Department Reserves in approximately 2007/2008.

Indiana Code states that “an officer may not enforce the laws or ordinances of the state unless the officer has within one year of form the date of appointment successfully completed the minimum basic training requirements necessary.”

Haley’s part time/special deputy appointment continued until Oct. 21, 2013, at which time he was sworn in as a deputy sheriff.

On Nov. 9, 2013, Haley pulled Mark Wallace of Union Mills over for suspicion of operating while intoxicated, took him to the hospital for a blood draw and obtained a search warrant for a blood sample. From there Wallace was booked into the Pulaski County Jail on the misdemeanor charges operating a vehicle while intoxicated, operating a motor vehicle with an alcohol concentration of at least .08 BAC and operating a vehicle with a schedule I or schedule II substance in the body.

On July 28, Wallace’s attorney filed a motion to suppress and a motion to dismiss.

Defendant’s Brief in Support of Motion to Dismiss

Pulaski Superior Court Judge Patrick Blankenship granted the motion to suppress on Sept. 15.

State vs. Mark D. Wallace Findings of Fact and Conclusions of Law

Gayer advised WKVI News Haley has resigned from the Pulaski County Sheriff’s Department.