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Tuesday, July 21
The Indiana Daily Student

Wells to fight against charges

Monroe County Councilman Scott Wells faces six charges stemming from a Sept. 27 incident with the Indiana State Police. \nThe six charges consist of battery of a police officer, operating while intoxicated, resisting arrest, failure to wear a seat belt, disorderly conduct and public intoxication. Wells' initial hearing is scheduled for Nov. 25.\nWells and his attorneys said they are planning to fight for his innocence.\n"I think this has been politically motivated from the get go," Wells said. "If they stick this on me, I'm basically done with my teaching, being able to vote and serving as an elected official."\nCharges against Wells were filed Tuesday in Monroe County Circuit County by special prosecutor David Powell, who is from Greene County. Steve Douglas, an intern at the Greene County prosecutors office, said Powell was not available for comment.\n"I don't know if Mr. Powell will be making a statement or not," Douglas said. "He did want the press to have some information so it can be reported, but that's all we can say at this point."\nWells' legal representation consists of David Colman and Elizabeth Cure. Colman said he thinks this case is destined to go to trial.\n"Due to the circumstances of Scott's arrest, the fact that he is an elected official and that from the beginning he has claimed his innocence makes me think this case will go to trial," Colman said.\nThe case could take up to eight months before it reaches trial and could invite some other twists, he said.\n"When the case does go to trial I don't think any judge in this county is going to stay on the case," Colman said. "It's too high profile, and the fact that Scott is an elected official makes me think we will move to a special judge."\nCurrently Judge Elizabeth N. Mann is scheduled to preside over Wells' case.\nWells said he was interested in finding someone who witnessed the events on Sept. 27.\n"I want to find a witness because it is the word of two cops against mine," Wells said. "I wish the police would've had cameras because I would really like to see the tape."\nWells said he visited three bars the evening of Sept. 27 including the Crazy Horse, Nick's English Hut and Kilroy's on Kirkwood. After consuming a total of three beers and a daiquiri he said he walked to his car near the corner of Sixth and Dunn streets to begin his drive home. He said as he pulled away from the curb he reached over his shoulder to put on his seat belt. As he did so, he glanced out the window and saw a parked police car in an IU lot turn on its lights. The Indiana State Police officer, identified as Stacy Brown, then pulled Wells over for a seat belt violation.\nAccording to a press release issued after the incident with the ISP, a concerned citizen notified ISP Sgt. J.D. Maxwell claiming to have witnessed an intoxicated male driving and walking near the area of Sixth and Dunn streets. Maxwell, who was home at the time, called the station, which dispatched troopers to the area, police said.\nWells said Brown told him about this earlier complaint and asked if he had been drinking. Wells told Brown about visiting the bars, prompting Brown to issue a sobriety test, which Wells later tested at .075.\nAfter requesting to take the test at the police station Wells said Brown, along with another ISP officer, became violent. Brown kicked Wells' legs out from under him, causing him to fall, and then began pounding Wells' face against the street, Wells said in an earlier interview with the Indiana Daily Student.\nAccording to the probable cause affidavit, Brown did not know Wells was an elected official or that he was out that night.\nWells said of all the charges against him, the charge of battery of a police officer causes him the most suspicion.\n"All I know is that if this was battery I want to see what kind of medical bills the police officers have," Wells said. "I have $2,000 worth."\nCure said, as Wells' attorney, she is concerned with the driving while intoxicated charge because her client was not over the legal limit set by the state of Indiana.\n"We both had our eyes wide open when we saw the six charges," Cure said. "It is unusual to see a charge of driving while intoxicated for a .075 blood alcohol level."\nIn Indiana, driving while intoxicated refers to causing danger to others or ones self, not a certain blood alcohol level, Cure said.\nIn an earlier interview, Wells questioned if it was ISP policy to patrol Bloomington while looking after the five counties for which the Bloomington Branch of the ISP is responsible. Mike Saltzman, the commander of the Bloomington post of the ISP, said the city is part of the jurisdiction and his post is responsible for patrolling.\n"Sometimes people don't understand what cooperative law enforcement is," Saltzman said. "It's not unusual to see us helping out in a city within our jurisdiction."\nSaltzman said last year alone the Bloomington branch of the ISP made 339 arrests within the Bloomington city limits.

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