Published: April 29, 2009 01:23 pm      

FLOYD COUNTY COURT WRAP: Former jail guard sentenced to house arrest for trafficking

New Albany man found not guilty of child molesting

A former guard at the Floyd County Jail was sentenced Monday to two years of home incarceration and two years of probation for class C felony trafficking with an inmate.

Michelle A. Hurst, 39, of Borden, was accused of bringing an inmate alcohol and having sex with him, according to court records.

It was a blind plea deal, which means Superior Court No. 1 Judge Susan Orth had complete discretion in sentencing. The advisory sentence for a class C felony is four years in jail, and that can be increased or decreased based on various circumstances.

“Judge Orth’s sentence was appropriate under the circumstances, and we appreciate the kindness she showed Michelle,” her attorney, William Gray, said. “She’s excited to get this behind her.”

Gray said that Hurst apologized to the people of Floyd County for her actions.

Hurst pleaded guilty last month, and charges of class A misdemeanor trafficking with an inmate and class C felony sexual misconduct by a service provider were dismissed.

A probable-cause affidavit states that Hurst admitted to having sex with Proctor at least twice in jail and oral sex two other times.

“Somebody that’s in a position of trust should be held to a higher standard,” Chief Deputy Prosecutor Steve Owen said. “I know it was difficult for the law enforcement community.”

Owen said they asked for some jail time, but believe it was the right decision to not go to trial.

“We were happy we got the guilty plea,” he said.

From June 12 to June 30, Chris Proctor, a 31-year-old inmate, made 40 calls to Hurst’s cell phone. Hurst admitted to going to Proctor’s mother’s house to get pills to bring to him, according to court records. She said she brought him two Lortabs and three other pills.

Court records show that one time she brought him Maker’s Mark and Wild Turkey whiskey and a mp3 player.

The Floyd County Sheriff’s Department investigated the case. Sheriff Darrell Mills said Hurst, who was still on probationary status, was fired immediately once he heard of the allegations.



NEW ALBANY MAN FOUND NOT GUILTY

A New Albany man was acquitted last week of charges of molesting an 8-year-old boy.

Rodney A. Cherry, 40, of the 800 block of Cedar Bough, was on trial last week for two counts of child molesting — one as a class A felony and one as a class C felony.

The trial began April 20, and the jury came back Friday with a verdict of not guilty. Cherry was charged in December 2006.

Owen, who did not try the case, said it is always difficult to prosecute a child-molesting case without DNA or scientific evidence. He said the prosecutor’s office does not agree with the decision.

“We feel the police did a good job,” Owen said. “We feel the victim did a very good job in coming forward and reporting the abuse. The jury felt we didn’t meet our burden of proof.”

The alleged victim in the case was called to testify twice during the trial.

Court documents had alleged that Cherry engaged in oral sex and sexual fondling with the boy in a New Albany home. Cherry’s attorney, Stephen Beardsley, did not return a call seeking comment.



GEORGETOWN MAN PLEADS GUILTY

A Georgetown man was sentenced to 37 months in prison and a lifetime of supervised release after pleading guilty to possession of child pornography.

James W. Dotts Jr., 33, pleaded guilty Tuesday in a federal courtroom in front of U.S. District Court Judge Richard L. Young in New Albany.

Dotts admitted in court to subscribing to a commercial pornography Web site and possessing visual depictions of prepubescent minors engaging in sexually explicit conduct, according to a press release from Assistant Attorney General of the Criminal Division Lanny A. Breuer and U.S. Attorney for the Southern District of Indiana Timothy M. Morrison.

According to the press release, the Web site even warned visitors to the site that subscribing was illegal and warned them to be discreet about their purchases.

The case was prosecuted by Assistant U.S. Attorney Steven D. DeBrota of the Southern District of Indiana and the criminal division’s Child Exploitation and Obscenity Section Trial Attorney Bonnie L. Kane.