Major changes at ZPD in 2011 [Zionsville Times Sentinel, Ind.]

Jan. 04--The Zionsville Police Department had many changes this past year, including a new police chief, after an investigation.

Robert Knox was named the new chief during a special town council meeting on Friday, Aug. 5.

Former ZPD Chief Rick Dowden, who resigned on Tuesday, Aug. 2, had been under investigation by the Indiana State Police after a prosecutorial subpoena was acquired on Jan. 21, 2010, to obtain personnel records from the Boone County Sheriff's Office.

The petition for the subpeona stated that ISP Det. Paul Baker was investigating the case and that the employee's records from the sheriff's department are relevant in the state's investigation.

ISP specifically asked the sheriff's department to "deliver any and all information, documents or things (specifically excluding any health related documentation) contained within Dowden's personnel file maintained at the sheriff's office, including, but not limited to: his hire date, his date and reason for termination, his record of training received, his job duties and the rank(s) he held, in compliance with and in satisfaction of the Prosecutorial Subpeona issues, and for all other relief that is just and proper in the premises."

On Nov. 24, 2010, Dowden placed himself on leave with pay as ISP investigators looked into charges that he removed key evidence in a burglary case from the department's evidence locker, with the help of a ZPD detective. Dowden was accused of pulling and waving a loaded gun during a department staff meeting.

The investigation started in mid-November of 2010 after state police received information from someone ISP said it believes to be a credible source. ISP presented the information to a judge and obtained two search warrants to look for a TV allegedly taken from the ZPD evidence room to Dowden's home, and for Dowden's .45 caliber handgun. The search warrants also covered video surveillance tapes of police headquarters from Jan. 1, 2009, to present, and original property records and receipts documenting that items from a case against Ryan Mason were put into the ZPD evidence room. According to court documents, ISP investigators found a 50-inch Toshiba plasma flat screen TV believed to be evidence in the Mason investigation in the living room of Dowden's Hunt Club subdivision home.

Dowden returned to work on Feb. 22, after he wrote a letter to Town Manager Ed Mitro stating he would like to end his paid administrative leave and return to active duty.

In June, Dowden was still under investigation by the Indiana State Police and now by the Zionsville Town Council.

Indiana State Police investigator Sgt. Anthony Emory and Special Prosecutor David Powell conducted follow-up interviews with town officials and ZPD employees.

Art Harris, chairman of the Board of Police Commissioners, said Emory and Powell were in Zionsville in June to ask more questions to confirm information from the ISP investigation, which began last November.

"They talked to virtually everyone in the department," Harris said. Harris is also president of the Zionsville Safety Board and a Zionsville Town Councilman.

Harris said the town council members felt like they needed to do something.

"We were frustrated and some council members had different opinions on how to proceed," he said.

The council's consensus was that there may be violations within the town's protocol and general procedures within the police department that may not be criminal, so they decided to hire an unbiased third party to conduct the internal investigation, Harris said.

The council hired Ogletree Deakins Law Firm, a labor and employment firm out of Indianapolis, to review Zionsville police policies and procedures. This was also the same law firm used by the town to investigate Jim Wampler, the previous town marshal, in December 2006.

Knox, Captain Doug Gauthier, Detective Charles White, Officer Tessa Potts and Officer Thomas Henthorn were reprimanded by the board of police commissioners for their actions related to Dowden's case. The reprimands were based on a civil investigation of ZPD policies and procedures led by attorney Asheesh Agarwal of Ogletree, Deakins and Associates, of Indianapolis.

At the same time as the Dowden investigation, Indiana State Police was also investigating Det. Robert Anderson for allegedly misleading an insurance company to give Zionsville police the title to a car that was used in a crime.

The car, a 2007 Nissan 350Z, was traded in to help pay for a 2010 Ford F150 pickup truck, used by Dowden. The truck was towed Wednesday, June 29, from ZPD after Boone County Superior Court II Judge Rebecca McClure issued a search warrant requested by special prosecutor David Powell.

According to the ISP search warrant affidavit, the Nissan was confiscated as one of three cars involved in the April 2009 sale of three stolen vehicles. The other two stolen cars were returned to their owners.

The Nissan was originally owned by Leroy Lewis in Maryland. The car had been reported stolen, and Lewis was reimbursed $21,860 by his insurance company, Liberty Mutual. On June 1, 2009, Anderson began communications with Liberty Mutual explaining he had recovered the Nissan and "that it will not be released because of criminal activity." He also said the department will have it "for a while if not forever."

According the emails obtained by the state police and included in the affidavit, Anderson told the insurance company that the police department was waiting for a forfeiture hearing and was seeking ownership of the car. He also told the insurance company that the costs associated with keeping and forfeiting the car would exceed the car's value.

As a result of Anderson's conversations with the insurance company, Liberty Mutual agreed to transfer a salvage title -- a title issued when damage to the vehicle exceeds 70 percent of value -- to the town for the Nissan. The state issued the title to the Town of Zionsville on Feb. 15, 2010. On Nov. 12, the Nissan was traded to a local car dealership Lebanon for a $9,147 credit toward the $29,121 purchase price of the pickup truck.

Criminal charges were then filed against Anderson on July 12.

Andersonallegedly admitted to an investigator that he did not understand the forfeiture process, but still told an insurance company Zionsville was using that process to acquire a 2007 Nissan 350Z.

Andersonwas charged with conversion, a class A misdemeanor, but can be elevated to a felony.

Andersonresigned Thursday, Nov. 17, and his last official day was Wednesday, Nov. 30.

The department is hoping to promote a patrolman to the detective position to replace Anderson.

During a Sept. 6Board of Police Commissioners meeting, Jeff Morris was promoted to captain of the administrative division, the position that was held by Knox.

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