A special prosecutor will handle the misdemeanor case pending against a Brazil assistant police chief.
No formal charges had been filed as of Wednesday afternoon against Dennis Archer, 43, of Brazil, who was arrested by state police Saturday morning in Clay County on charges of operating a vehicle while intoxicated.
Clay County Chief Deputy Prosecutor Zach Clapp said Wednesday a motion requesting a special prosecutor from Vigo County was filed Monday in Clay Superior Court. The court found the appointment of a special prosecutor is necessary to “avoid the appearance of impropriety” due to the close working relationship between Archer and prosecutor’s office.
Archer is a 19-year veteran of the Brazil Police Department.
Clapp said Judge Robert Pell has indicated he will keep the case in Clay Superior Court unless a request is made to move the case.
Archer was booked into the Clay County Jail on preliminary charges of operating a vehicle with a blood alcohol concentration above .08, a Class C misdemeanor, operating a vehicle while intoxicated endangering a person, a Class A misdemeanor, and unsafe lane movement.
Whether and which charges are to be filed with the court will be up to the special prosecutor.
Archer posted bond, and Brazil Mayor Bryan Wyndham said Tuesday he has decided Archer will remain with the department and no disciplinary action will be taken.
“Assistant Chief Archer was off duty. He was not in a city vehicle at the time,” Wyndham said. “He is a 19-year veteran of the police department, with a stellar record, so his position goes unchanged.”
Archer was stopped by Trooper Todd Brown near U.S. 40 and West Street in Brazil for unsafe lane movement, according to Indiana State Police. Police said he had a blood alcohol concentration of .09 percent. https://www.timessentinel.com/indiana/news/special-prosecutor-to-handle-owi-case-against-brazil-officer/article_33cf953c-113a-5e71-9528-3d8342e64ae2.html