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.