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Local attorney Craig Dechert has been convicted and sentenced in Hamilton County for Causing Serious Bodily Injury when Operating a Vehicle While Intoxicated as a Level 5 felony. He submitted a guilty plea as part of an agreed resolution on or about June 23. The plea was taken under advisement by the court on July 6, and the court accepted the plea and issued a sentencing ruling on Aug. 11.
The conviction stems from a May 23, 2022, traffic incident in which Dechert struck a motorcycle in Hamilton County while under the influence of alcohol, injuring the driver and a passenger. Civil cases brought against the attorney by the victims were settled earlier this year.
Under the terms of the sentencing, Dechert received a three-year sentence in the Indiana Department of Corrections, which was suspended. He was placed on probation for three years under the conditions that he comply with and complete a drug and alcohol treatment program and participate in Soberlink, a remote alcohol monitoring system, for one year.
Alternately, Dechert may continue his participation in Indiana's Judges and Lawyers Assistance Program (JLAP) rather than Soberlink. JLAP provides free and confidential assistance and support to judges, lawyers, and law students struggling with issues such as mental illness, substance abuse, stress, grief, and other issues affecting mental well-being.
Should Dechert complete two years of probation without any violation of the sentencing terms, the court will consider modifying his probation.
Under federal law, Dechert may no longer possess or receive firearms or ammunition and cannot obtain a license to do so. He also cannot petition the court to expunge his conviction at a later date, as the severity of the crime exceeds the threshold for expungement. Under Indiana law, only Level 6 felonies and misdemeanors may be expunged.
Dechert has been operating under a specialized driving permit since Sept. 3, 2022. As part of the sentencing on Aug. 11, the court again granted specialized driving privileges. The terms of this order were not readily available.
Under Indiana’s Rules of Court, Dechert has until Aug. 21 to inform the state bar association's disciplinary commission of his conviction. The commission's executive director must verify the information and then submit a petition to the Indiana Supreme Court to suspend Dechert's law license. The court may then suspend the license pending further order or the final determination of any disciplinary proceeding against Dechert.
Dechert has the option of entering a conditional agreement for discipline, which must be approved by the supreme court. As part of the agreement, Dechert's license may be placed on probation, suspended, or revoked.
The likelihood of Dechert having his license to practice law suspended or revoked is uncertain. Over the past 10 years, several disciplinary cases involving an attorney's OWI conviction have been adjudicated in Indiana, with results ranging from placing a license on probation to full disbarment. Given that sanctions more severe than probation have been issued mainly in cases involving multiple convictions or aggravating circumstances, it appears improbable that Dechert will be suspended from practice.
StarPlus faces hiccup in pipeline project
The Kokomo Common Council was supposed to consider an ordinance concerning $100 million in federal tax credits for the ongoing natural gas pipeline project that has made travelling in northern Howard County and Cass County a challenge this summer.
The pipeline is being installed at the request of StarPlus Energy, the cooperative effort by Stellantis NV and Samsung SDI to produce batteries for electric vehicles in Kokomo.
The proposed ordinance was pulled last month, according to council member Tom Miklik, and there is no timeline for its reintroduction. At the council’s Aug. 14 meeting, Miklik explained the situation and stressed that fact that the delay will not negatively impact the taxpayers.
“StarPlus Energy is still negotiating,” said Miklik. “It's for tax credits to pay for the NIPSCO pipeline, and it has to go through us and the city’s redevelopment commission. (City attorney) TJ (Rethlake) said he has not gotten anything back from the state or from StarPlus Energy as to when they'll have their negotiations over tax credits with the state.
“When that happens, it will be on our agenda right away so that they can get the money to pay NIPSCO. So, it's still out there.”
Council member Matt Grecu clarified the matter by explaining the delay is due to unclear cost figures for the project.
“It has to do with the fact that (the state is) still waiting on final budget numbers to come in on that project,” said Grecu. “They may have to adjust the number based on what the true costs (to NIPSCO) end up being. But the whole thing is a pass-through bond, so it doesn't affect the city.”