Tuesday, May 08, 2007

Record Had Admitted To Hit And Run And Still Not Charged

A new revelation in today's Star is likely to fuel a firestorm in the case of a Jimmy Cash's untimely death Sunday night when his pickup truck was struck by Terry J. Record after Record drove his car through a red light after consuming several beers at Brad's Brass Flamingo strip club. Record was involved in a hit-and-run just last October after he left a Broad Ripple bar shortly after he joined the prosecutor's office as a deputy prosecutor-in-training. Although Record initially lied to police and the prosecutor's office about the circumstances of the hit-and-run, claiming his car had been stolen, he later admitted to a police detective he had been driving the vehicle and left the scene of the accident. Shockingly, Record was never charged in the hit-and-run. The Star's Jon Murray and Vic Ryckaert report:

In early October, he was forced to resign as a Marion County deputy prosecutor-in-training after supervisors questioned him about an accident report.

He had started about a week earlier on a conditional basis because he had passed the bar exam but had not yet been sworn in as an attorney, Symons said. He also had worked in the office as a certified legal intern in mid-2005.

Indianapolis police found Record's Chevy Blazer overturned and abandoned about 3:30 a.m. Oct. 7 on College Avenue near 22nd Street. The Blazer had hit a parked vehicle.

Hours later, responding officer Andrew Hannaford said Monday, Record called him and said he had taken a cab home after his sport utility vehicle had been stolen when he left his keys at a Broad Ripple bar.

Record's story later changed. He attempted to report the vehicle stolen but instead admitted to Detective John Guilfoy that he had been driving the SUV and left the scene of the crash, said Ilnicki, a supervisor in the department's hit-and-run division.

Record's new bosses confronted him, Symons said.

"With any lawyer, you know the law, and you know what you're supposed to do," said Marion Superior Court Judge Lisa Borges, then Brizzi's chief of staff.

The prosecutor was a month away from his re-election and did not take part in discussions about Record's job, Borges said, though she advised Brizzi of her decision. Brizzi wasn't available for comment Monday.

Record was never charged with leaving the scene of an accident, a misdemeanor. Borges said she deferred to police, who decided against bringing a case to prosecutors.

"We have to prioritize the hit-and-runs," Ilnicki said, adding the owner of the other car was satisfied Record's insurance would repair the damages, and there were no injuries.

Let's face it, Indianapolis police and the Marion County prosecutor's office let Jimmy Cash's family down in a big way. Record's admission he lied about the hit-and-run accident last October was tanatmount to a plea for help. If Record had been charged and the State Board of Law Examiners notified of his transgression, Record would have been immediately placed in an alcohol rehabilitation plan if he had any hope of ever practicing law. Instead, Record was able to walk away from his crime, be admitted as an attorney just weeks later on October 20, 2006, and be free to drive his automobile. The failure of our police and prosecutor to do their job in this case is inexcusable.


Anonymous said...

Given how close the October accident was to my house - this really pisses me off that he wasn't charged. The car was *overturned* - that's not a small accident. Why they hell did he get away with that?

Gary R. Welsh said...

Inquiring minds want to know, Steph.

Doug said...

Any information on Jimmy Cash and who he was? Seems a little wrong, somehow, that I now know a ton about Record but nothing about Cash other than he was 46 and drove a pickup truck.

Gary R. Welsh said...

Doug, It's very sad. He was a disabled man with children. I believe Fox 59 News reported he was deaf and taught sign language to all of his children.

Unknown said...

Even if he had been convicted of the hit-and-run, he would have gotten a slap on the wrist that would not have prevented this incident. I gather from your previous posts that you don't like the police for whatever reason, but blaming them for the actions of this dirtbag alcoholic is ridiculous.

Gary R. Welsh said...

Sorry, David, but you're not going to paint my criticism of the inaction in this case with a broadbrush and make me out as someone who doesn't like police. Take a look at the comments at the Indy Star site. There are plenty of people upset with both the police and prosecutor's office and justifiably so.

Anonymous said...

I also have to disagree, David. As a lawyer I can tell you that had the disciplinary committee been made aware of the previous incident, Mr. Record would have been in a program, or he would have lost his license. You wouldn't believe the questions they ask during a character & fitness interview. It was the Prosecutor's job, as a member of the bar and as someone who cared enough about Mr. Record's record to not make a big deal out of it, to get him that help.

What's also alarming is Mr. Record's age. It seems like people are developing alcohol problems much younger these days (see Britney Spears, or that Miss America girl). At 26 he's already had two hit and run accidents and may be responsible for someone's death. Everyone's a loser in this situation, from the Prosecutor on down.

Anonymous said...

"Why they hell did he get away with that?"

This is Marion Co., home of a murdered person every three or four days. Home of multiple carjackings. Home of beatings, rapes, etc..

In cases like this, lots of people skate. Especially if they pay and give insurance info so the victim can get their stuff fixed. Even if this guy had been arrested, we are looking at 12 hours in the APC max. Hell, he may not even have been locked up, might have just been issued a summons to appear. So he goes to court for some minor crimes (there is no way any alcohol charge would ever stick in this case, since so much time had past) and likely gets a slap on the wrist. Hell, he likely would have gotten an offer to dismiss the charges as long as he behaves.

"There are plenty of people upset with both the police and prosecutor's office and justifiably so."

Those "plenty of people" are the idiots who vote for Peterson, love the idea of giving hundreds of millions to private businessmen, etc. etc.. This same group of idiots will complain when taxes are raised even more so that Marion Co. has a criminal justice system where folks like Record can actually get some sort of punishment. These idiots get what they ask for. A lot of beat cops are the ones who start these investigations. These are the same cops that are dealing with drama all over the city: Killings, shots fired, fights, etc. etc.. If all the metro cops I know followed every single minor crime through, they would all likely make $100K/year with the over-time they would put in (extra time on reports, running evidence down, meeting with lawyers, court time, etc). Then the people over at the star would be complaining about these offers screwing over the taxpayers by making so much OT.

Sometimes I get to witness a member of the sheeple get slapped and awaken to see our crime issue in the county. They ask what to do and I tell them to either move, vote others in, and/or call 327-4MAC.

Anonymous said...

"What's also alarming is Mr. Record's age. It seems like people are developing alcohol problems much younger these days (see Britney Spears, or that Miss America girl)."

The alcohol companies know who ends up running the country: Educated kids. Therefore, they put the focus on college kids, they invented the "college life." Don't be surprised if massive numbers of 40 somethings, who even appear in shape, start coming up with liver cancer or other health issues in the coming decades.

Funny how the nanny folks are all for public smoking bans, but you ask the drunk nanny folks to support controls for public alcohol drinking and they go crazy.

Anonymous said...

I don't understand why the prosecutor doesn't charge him NOW with the October hit and run. The statute of limitations hasn't run and he confessed. It would certainly give them more leverage in this case.