The last four years have been especially difficult for the Gray
family. Charges were hastily filed and Gray was arrested. A maelstrom
of negative publicity followed after the initial news conference held by
law enforcement officials including the Lead Investigator, Police Chief
John Jester of the Greenfield Police Department. Charges against Gray
were ultimately dismissed with prejudice in February of 2011 following
an investigation by Special Prosecutor, Daniel J. Sigler.
Richard Cook, Esq., Attorney for Sheriff Gray stated, "Sheriff Bud
Gray's lawsuit was never about the money, it was about restoring Bud's
reputation within the community of Hancock County which he so proudly
served for 34 years. We are pleased to have reached an amicable
resolution with the City and accept the City's sincere expression of
regret for how this occurred. The Gray family bears no ill will towards
those involved in law enforcement or the City. The Gray family believes
that weight of the events overtook the better judgment of those
involved and led to a rush to file charges.
Sheriff Gray and his family have paid dearly both financially and
emotionally for this hasty action. Thankfully, their lawsuit has
provided the Grays with a vehicle to restore Bud's good name and
reputation in the law enforcement community and Hancock County. The
Gray family also believe the terms of the settled adequately recognize
the seriousness of this loss."
As part of the settlement the City of Greenfield and John Jester have
agreed to pay the sum of $100,000 and issue a public statement
recognizing Sheriff Gray's service to the Hancock County Community, and
their regret over the way the case unfolded which led to Gray's
premature arrest on charges of Obstruction of Justice. The Gray family
appreciates the City of Greenfield's recognition of Sheriff Gray's years
of public service and their regret for how the events unfolded
surrounding his arrest.
The charge of obstruction of justice as well as other matters were
examined and fully investigated by Special Prosecutor, Daniel J. Sigler,
to determine whether any charges were warranted. After an appropriate
investigation, on February 9, 2011, Special Prosecutor Sigler filed a
report with the Court in which he stated:
The
Special Prosecutor in summary viewed “this investigation and the entire
case as unfortunate and avoidable.” He also observed that “[t]here was
no motivating factor that required a rush to judgment and Sheriff Gray
being arrested” and “[i]t would have been far better to obtain the
appointment of a special prosecuting attorney immediately so the entire
investigation could have been conducted in a neutral manner without the
drama of a public spectacle.”
[Special
Prosecutor’s Report to Court of February 9, 2011, at 12]. On the same
day the Special Prosecutor announced his findings, he filed a motion to
dismiss with prejudice the charge of Obstruction of Justice filed
against Gray, which was granted by the Court on February 10, 2011.
During the course of the civil litigation brought by Gray against
Police Chief John Jester and the City of Greenfield, Jester was deposed
and questioned regarding the investigation he led. In Chief John
Jester's deposition, he was unable to point to any evidence that Sheriff
Gray had ever communicated a threat to any witness with the intent that
the witness withhold information or delay the investigation. Also,
Jester could not identify any evidence that Gray unlawfully obstructed
the City's Police Department's investigation.
In his deposition, Chief Jester conceded there were no threats communicated to any witness:
Q.
During either of the conversation between Donny Munden and Brian
Ellison, did the sheriff threaten either of those two individuals?
A. Can you repeat your question for me, please?
Q. Did the sheriff ever threaten Donny Munden in his phone conference with Donny Munden?
A. I don't believe he ever threatened Donny.
[Jester Dep. 127:10 - 127:16] Sheriff (Bud) Gray also never communicated to Brian Ellison any threats. Jester testified in his deposition:
Q. And why did Brian Ellison tell you that he didn't want to be taken under protective custody?
A. I don't know that he actually gave me a reason, sir.
Q. Did Brian Ellison tell you that he was afraid for his life?
A. No, sir, not that I'm aware of.
Q.
And to your knowledge, there was no indication at that point in time
that Sheriff Gray had ever taken any action to intimidate Brian Ellison?
A. Prior to his arrest?
Q. Yes, sir.
A. He had conveyed the threat to me.
* * *
Q. So what statement did the Sheriff make to you that intimidated Brian Ellison?
A. I can't say that it intimidated Brian Ellison.
Q. So there were no statements that he made to you that would have intimidated Brian Ellison?
A. Correct. [Emphasis Added].
[Jester Dep. 134: 05 -134:17; 135:16-135:21].
There was not any other evidence of obstruction of justice uncovered after Gray's arrest according to Chief Jester:
Q. Did any of the individuals that you interviewed indicate that the Sheriff had personally threatened them?
A. No, sir.
Q. Did any of the people that you interviewed indicate that they overheard the Sheriff personally threaten anyone else?
A. No, sir.
Q.
Did any of the witnesses that you interviewed tell you that the sheriff
-- that they had witnessed the Sheriff destroy evidence?
A. No, sir.
Q.
Had any of the persons that you interviewed told you that they had
witnessed the evidence -- or witnessed the sheriff destroy evidence?
A. No, sir.
Q. Any of the witnesses that you spoke with tell you that the sheriff had dummied up any records?
A. No, sir.
Q.
Would it be fair to say that none of the witnesses that you spoke with
after the arrest of the sheriff provided you with any tangible evidence
of obstruction of justice?
A. That would be a correct statement, sir.
[Jester Dep. 213:13 - 214:11].
With regard to claims of theft of money or property, Jester conceded in
his deposition that the evidence did not support charges:
Q. What evidence do you have that there was criminal intent on the part of the Sheriff to commit the crime of theft?
A. I don't at this point.
Q. So there is no evidence of mens rea?
A. Not now.
Q. There wasn't evidence at the time you prepared this report either; correct?
A. Nope.
Q. And without mens rea, you don't have theft, do you?
A. That's correct. [Emphasis Added].
[Jester Dep. 246:09 - 246:19].
On
August 6, 2010, the day of Sheriff Gray's arrest, Jester allowed the
press to come along for the arrest of Gray and even transported a
reporter and photographer in his squad car so they could be present
during the arrest. [Jester Dep. 197:04-197:23]. To the best of
Jester's recollection, this is the first time he had ever given the
press a ride to an arrest. Id. This occurred even though: 1) This is not
standard operating procedure for his department; 2) Jester would not
have approved such a request by one of his own officers; 3) Having the
press present would not be helpful; 4) It would be emotionally
traumatic for Gray; 4) It would be unwise to bring non-law enforcement
people to a situation where they potentially could be placed at risk;
and 5) Chief Jester, as the chief investigator, had the absolute
power to deny the press access and could have refused to transport them.
[Jester Dep. 194 -197].
The
news conference following Gray's arrest inaccurately accused him of
threatening witnesses unleashed an avalanche of negative news reports
concerning his arrest on charges for obstruction of justice which
ultimately proved to be without legal merit. Following Gray's arrest, Chief
Jester, as a spokesman for the Greenfield Police and the City of
Greenfield, told multiple news agencies and members of the public that
Sheriff Gray had threatened county sheriff employees to keep them from talking to law enforcement. This is what Jester said to the news media:
Today
at 4:15 p.m., Hancock County Sheriff, Calvin Gray, was arrested in
Hancock County. Sheriff Gray has been charged with one count of
obstruction of justice. This arrest results from an ongoing
investigation by the Greenfield Police Department, the Indiana State
Police, and the Hancock County Sheriff’s Department concerning misuse of
government monies. During the investigation Sheriff Gray was found to
have called witnesses, threatening their safety. [Emphasis Added].
When questioned by reporters, this point was again made by Chief Jester
in the same news conference following Gray's arrest, even though it was
factually baseless:
Reporter: What do you mean calling witnesses and threatening them?
John Jester:
Um, there was witnesses called in an attempt to get them not to speak
with us during the investigation. There was threats made of physical
harm.
Reporter: These are not witnesses in other cases but witnesses within the department?
John Jester: Yes
Reporter: So fellow officers were threatened?
John Jester: Some fellow officers, yes.
These statements ultimately proved to be inaccurate as noted above.
******************************
Video
Excerpts from Jester’s deposition cited above and the original news
conference addressing these points are contained on the following
YouTube link:
Additional inquiries for information or comment should be addressed to:
Richard Cook,
Attorney for Sheriff C.K. "Bud" Gray
Yosha Cook Shartzer & Tisch
9102 North Meridian Street, Suite 535
Indianapolis, IN 46260
Email: rcook@yoshalaw.com
Web: www.yoshalaw.com
Phone: 317-334-9200
Fax: 317-228-3355
Email: rcook@yoshalaw.com
Web: www.yoshalaw.com
Phone: 317-334-9200
Fax: 317-228-3355
3 comments:
how does the police chief keep his job?
Cop lock should pay the GPD a visit, someone must have a lot of inside pull to keep his job with such lack of common sense?
It's amazing how John Jester, the freaking Chief of Police, made a huge spectacle of Gray's arrest & was quoted saying Gray threatened other officers, stole money, etc., yet his story completely changes when Gray files that civil suit?? How is that not obstruction of justice?? Falsifying charging documents??? And he is still an active employee in Greenfield!!! And what happened to the other thief Brian Ellison?? He was as corrupt as the rest of them but I can't seem to find what the outcome of his charges were?? I'm confused on how it wasn't brought up on how Jester's story did a 180?? There was never an investigation into that?? Gray gets felony charges but they magically get dropped. If that was anybody else not affiliated with the city government, they would have been found GUILTY, GUILTY, GUILTY!!!! Every aspect of that city government is corrupt, manipulative, and self righteous. But hey it's okay because if you have the power you can get away with anything. Unfortunately it is not so easy for the little people like me. BTW, I'm not an outsider looking in; I've seen how scandalous these people can be and it's not pretty. Gray cleared his name, got $100,000 along with his pension and severance and Jester gets to keep harassing citizens he discriminates against, lying to the court, and corrupting away; All the while as he is still the CoP. Now that's justice!!!!! I think Hancock County is the most unjust county in the country. Shame, shame shame!!!
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