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Wednesday, April 15, 2009

Ind. Decisions - Ex-Marion County prosecutor's employee pleads guilty in fatal DUI case

The ILB has had numerous entries on the Terry J. Record drunken-driving with fatality case,

Here is the initial entry, from May 7, 2007, headed "Ind. Courts - Two young attorneys in different parts of the state in court for drug/alcohol related charges." Two stories about the Record arrest are quoted.

Also quoted is the story of Teresa Perry, a young "Evansville attorney facing eight counts related to possessing and distributing methamphetamine." She plead guilty April 16, 2008, to some of the counts.

Perry was sentenced on May 28, 2008 to "a total of six years in the Indiana Department of Correction.."

Record moved to Evansville, where he continued to practice law, according to this comprehensive entry quoting a story from the July 24, 2008 Evansville Courier & Press:

For now, Record's license to practice law remains in good standing. The agency that investigates lawyer misconduct, the Indiana Supreme Court Disciplinary Commission, is aware of Record's felony charges, but it does not take action against an attorney's license until charges are concluded, commission attorney Robert Shook said.
A January 17, 2009 ILB entry reports that:
A former state attorney facing pending charges in a fatal drunken driving crash was sent back to Marion County Jail this afternoon for consuming alcohol, violating the conditions of his release.
This afternoon Jon Murray reports in the Star:
A former state attorney pleaded guilty this morning in a drunken-driving case brought after he left an Indianapolis strip bar and caused a fatal crash.

Terry J. Record, 28, pleaded guilty to a Class C felony charge of operating a vehicle while intoxicated, causing death. A special prosecutor plans to dismiss a more serious charge because of evidence problems.

Record faces two to eight years in prison at sentencing June 2, though Indiana law allows the judge to suspend all or part of the sentence. * * *

Cash’s family attended today’s hearing and said they hoped Record’s sentence would include jail time.

“I’m just glad he finally realized he did something wrong,” Terry Cash, his widow, said outside the courtroom.

Record’s plea agreement with special prosecutor Barry Brown will result in the dismissal of a reckless driving charge and a more severe Class B felony drunken driving charge that was based on a blood-alcohol level of at least 0.15.

Brown, a former Monroe County prosecutor, said a recent blood test result showed a lower result than an initial test that showed Record's alcohol content to be right at or above 0.15. That gave Record’s attorney, David Lewis, an even larger opening to challenge the more serious charge at trial with expert testimony.

But neither side disputed that Record’s blood-alcohol content exceeded 0.08, the level at which an Indiana driver is considered drunk and the basis for the Class C felony.

Record’s felony conviction makes his law license vulnerable to disciplinary action from the Indiana Supreme Court.

After he was charged in Cash’s death, the Indiana State Department of Health fired Record from his job as a staff attorney. He also had worked for the Marion County prosecutor’s office, resulting in the appointment of the special prosecutor. Since the incident, Record has practiced law in Evansville.

Posted by Marcia Oddi on April 15, 2009 03:00 PM
Posted to Ind. Trial Ct. Decisions