Councilman calls arrest a 'set up'

A traffic stop is on the verge of escalating into what a local official calls a politically-motivated mess.\nMonroe County Councilman Scott Wells was arrested last weekend, but told the Indiana Daily Student Wednesday the arrest was a set up.\nWells, a Democrat, said the entire event was politically motivated, and said he believes Sgt. J.D. Maxwell, the Republican candidate for Monroe County Sheriff, set him up.\n"The Republicans are tired of me because I stand up for the people and I win," Wells said.\nMaxwell, who is a state police officer, said he could not comment on the incident because a gag order has been issued for the Bloomington branch of the Indiana State Police.\nAccording to a press release from the ISP, Wells was stopped after 10 p.m. Friday. Wells was arrested for operating a vehicle while intoxicated, even though his blood alcohol level was later measured at .075 -- within the legal limit, police said.\nThe release said Wells resisted troopers' attempts to peacefully place him in custody and that he refused a chemical test.\nAccording to the press release, a concerned citizen notified Maxwell, claiming to have witnessed an intoxicated male driving and walking near the area of Dunn and 6th streets. Maxwell, who was home at the time, called the station, which dispatched troopers to the area, police said.\nWells said the arrest was targeted.\n"If I was this crazy, erratic drunk, this mystery person should have called 911, not J.D. Maxwell," Wells said. "I can't imagine the state police arrest very many people within the city limits, but they just happen to find me."\nWells described his experience Friday night:\nHe went to the Crazy Horse, 214 W. Kirkwood Ave., for dinner, during which time he drank two beers, he said. Then he walked to his car just before 8 p.m. and drove near the corner of 6th and Dunn streets.\nA little over two hours later, after Wells said he visited Nick's English Hut and Kilroy's on Kirkwood and drank another beer and a daiquiri, he returned to his car and drove down the street, reaching over his shoulder to put on his seat belt.\nAs Wells glanced over his left shoulder, he said he saw a state patrol vehicle, driven by Trooper Stacy Brown, sitting in an IU parking lot. The patrol car pursued Wells and pulled him over, he said.\nThe ISP press release stated Brown pulled Wells over for a traffic violation.\n"What really struck me was the tone of his voice," Wells said. "He was very accusatory, like he had a bone to pick."\nBrown told Wells he stopped him for failing to wear his seatbelt, Wells said. \nThen, changing the topic, Wells said Brown told him about the earlier complaint and asked if he had been drinking. Wells told Brown about the bars he had visited, prompting Brown to request Wells take a sobriety test.\n"At this point I knew I was being set up," Wells said. "They were going to do whatever they had to in order to ruin my reputation."\nWells said he asked Brown if he could take the sobriety test at the police station so he could guarantee a fair test.\nWells said Brown then grabbed his arm and clamped down on it while yelling, "You are resisting arrest."\nIt was at this point Brown kicked Wells' legs out from under him, causing him to fall. Brown then began pounding Wells' face against the street, Wells said.\n"I never resisted. I was just trying to protect myself because he was hurting me," Wells said. "I was pulled over for not wearing my seat belt and all of a sudden they were using unnecessary force."\nWells was then taken to the Monroe County Jail where he was processed. He later paid his bond, which was set at $500 surety or $500 cash.\nWith charges pending, Monroe County Prosecutor Carl Salzmann said he will not handle the case. The County Council is the governing body which sets Salzmann's budget, and because Wells is a member of the council, Salzmann said his prosecution of the case presents a conflict of interest. \nSalzmann said a prosecutor from another county will be brought in to handle the matter.\n"The new prosecutor will determine what to charge in this specific case," Salzmann said. "Whether that is drunk driving or assaulting a police officer, I have no idea."\nWells said he plans to oppose whatever charges are brought against him.\n"I think I'm going to win this because it's a clear case of selective law enforcement," Wells said. "If J.D. Maxwell becomes Monroe County Sheriff, I'm moving out of the county."\nCounty Council Member Mark Stoops, also a Democrat, said Wells' outspoken leadership style has created political enemies for him.\n"It's outrageous and scary," Stoops said. "I don't think most Republicans would approve of this action."\nStoops said political games of this magnitude usually reserve themselves for cities larger than Bloomington and counties bigger than Monroe.\nWells said he is now turning his attention toward the manipulation of evidence.\n"They can spin this any way they want to," Wells said. "But they won't talk about it until after the election"