Ex-cop charged with felonies

South Bend Tribune (Indiana), Mars Edition
BYLINE: ANDREA HOWE, Princeton (Ind.) Daily Clarion

Gibson County, IN

Editor's note: Micah Rulli is a former Lakeville police officer. He resigned in 2007, signing a legal agreement with the Lakeville Town Council not to pursue discipline against him for charges of conduct unbecoming of an officer, neglect of duty, immoral conduct and violation of rules. The agreement included terms that neither side would discuss the case or disparage each other.

Rulli subsequently was hired by the town of Haubstadt in southern Indiana.

PRINCETON, Ind. - At least one pending criminal case in Gibson County may be affected by the charges filed last week against now-suspended Haubstadt Town Marshall Micah Rulli.

Rulli witnessed some of the potential fallout while waiting his turn for arraignment on five felony charges before Gibson Superior Judge Earl Penrod Monday morning. Gibson County Chief Deputy Prosecutor Sharon Werne acknowledged that there are problems with evidence in a pending marijuana dealing case against Joseph A. James of Fort Branch.

Judge Penrod continued the hearing for James, charged with dealing and possession of marijuana, until April 5.

Werne asked for more time to consult with other case investigators but confirmed she was told there may be a problem with the evidence.

Werne was referring to information Indiana State Police Detective W.W. George received when investigating the felony forgery, theft and official misconduct charges filed late last week against Rulli.

In his probable cause affidavit in the Rulli case, George reported that when he inquired about money missing from a case file in the Haubstadt Police Dept. evidence room, Rulli told him the money would either be in that file or in the Joseph A. James file. In his affidavit for the Rulli case, George reported he checked on the James case and was told by Fort Branch police that Rulli provided the money to make an undercover drug buy and that Rulli took into evidence the money and marijuana obtained in the undercover buy in the James case. George wrote in the affidavit that the Fort Branch police department didn't have the money or the pot.

"This case obviously has some issues now that may be insurmountable for the state," the judge mused, after granting the continuance.

Rulli was arraigned mid-morning after Penrod accepted special prosecutor Jonathan Parkhurst's appointment, and relieved defense attorney C. Dean Higginbotham of a court-appointed criminal case so that Rulli could hire him without a potential conflict.

Higginbotham told the judge Rulli was an officer involved in a pending felony case against Mark A. Wilson, who Higginbotham represents as court-appointed counsel.

The judge transferred Wilson's case to attorney Lisa Moody.

Penrod told Parkhurst he has the authority to review the five felony charges filed last week by Gibson County Prosecutor Rob Krieg against Rulli, and can file other charges he may believe are appropriate.

The charges against Rulli involve accusations of time sheet forgery and missing money from the police department evidence room.

Two felony forgery charges each carry a potential sentence of two to eight years and up to a $10,000 fine, while two felony theft charges and one felony official misconduct charge each carry a potential sentence of six to 36 months, the judge reported.

No plea was entered on Rulli's behalf until Parkhurst reviews the case.

A 1 p.m. May 27 progress hearing was scheduled, and Penrod said a trial date would likely be in the late summer or early fall.

Higginbotham said he expects the defense discovery process in the case could be lengthy.

"We're going to have some issues come up ? that may well be evidence in other cases," the judge said, asking Parkhurst to work with the defense and the prosecutor's office to maintain what might be a complicated chain of evidence.

He ordered Rulli to remain on good behavior while free on the $2,500 bond posted last week.

Rulli was suspended with pay from the Haubstadt police department a few weeks ago, and after the charges were filed against him last week, the Haubstadt Town Council suspended him with no pay, pending the outcome of the case.

Former deputy marshal Lloyd Jones was named Town Marshal on Friday evening.



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