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Friday, June 26, 2009

Ind. Law - "'The officers didn't know he wasn't in the legislature,' Mount said. 'They called the prosecutor who advised that it was safer not to arrest him' on a misdemeanor charge.'"

That quote is from a story this afternoon by Leslie Stedman Weidenbener of the Louisville Courier Journal.

The story begins:

Dennie Oxley Jr., a former state legislator and last year's Democratic candidate for lieutenant governor, avoided arrest on alcohol-related charges early Friday by telling police he was serving in the General Assembly, according an Indianapolis Police report. * * *

Oxley told the officers he was a legislator serving in the special session and therefore was immune from arrest, said Sgt. Matthew Mount, a spokesman for the Indianapolis metro police department.

The Indiana Constitution says that "in all cases except treason, felony, and breach of the peace," members of the House and Senate will be immune from arrest during a session of the General Assembly.

But Oxley did not run for his former House District 73 seat last year after he was nominated to be his party's candidate for lieutenant governor. His father, also named Dennie Oxley, did run and now holds the House seat.

[More] Channel 6 News has this story by Jack Rinehart, including a photo from surveillance video. Some quotes:
Dennie Oxley, 38, of Taswell, Ind., was with a 21-year-old female Indiana House intern in the parking lot of the Citgo gas station in the 400 block of East Ohio Street after 1 a.m., 6News' Jack Rinehart reported.

Police were called to the station because the woman was shoeless and lying on the ground, and others were concerned for her safety.

When officers arrived, they said they saw Oxley holding a pair of shoes and trying to evade them by walking quickly through a nearby alley. An officer caught up to Oxley and said that he immediately noticed Oxley had been drinking heavily.

"He was … extremely intoxicated, slurring speech. During the course of the conversation (Oxley) stated he didn't know how he got there or where he was," said Indianapolis police Sgt. Matt Mount.

Oxley also told the officer that he couldn't be arrested because the Legislature is in session, even though he is no longer a legislator.

Oxley gave up his seat to run a losing campaign with gubernatorial candidate Jill Long Thompson against Gov. Mitch Daniels. Oxley's father, also named Dennie Oxley, filled the vacated post in the House.

"They started talking about possibly arresting him for public intoxication, at which time he informed that they couldn't because of immunity since he was a state representative and they were in session," Mount said.

Officers took Oxley at his word. Although the immunity point is moot in this case because Oxley is no longer a legislator, Article IV Section 8 of the Indiana Constitution says "senators and representatives, in all cases except treason, felony and breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from same."

Police said the woman involved was also extremely intoxicated and had apparently passed out on the ground. She was not able to give officers her version of the events.

A gas station worker told police that a cab had dropped Oxley and the woman there.

Much of the incident was captured on gas station surveillance video. When officers arrived, it appeared on the video that Oxley tried to hide behind another car, hoping to avoid detection.

Oxley has not been charged, but because he allegedly gave police incorrect information about being a member of the Legislature, obstruction of justice and public intoxication are two of several charges he could face.

Marion County Prosecutor Carl Brizzi said he has ordered an investigation into the Oxley case and called the allegations serious.

"We want to talk to the police officers and find out what was said," Brizzi said. "We don't have all the facts, so we're going to take some time."

Francesca Jarosz of the Indianapolis Star has this report.

Posted by Marcia Oddi on June 26, 2009 03:35 PM
Posted to Indiana Law