Friday, April 18, 2014

Internal Memo: IMPD Failed To Act On Police Officer's Stalking Concerns For The Past Year, IMPD Says Prosecutor's Office Dropped The Ball

The finger pointing begins in the wake of last night's tragic murder-suicide involving two IMPD police officers. An internal memo obtained by WRTV suggests that IMPD brass was too slow to act after Officer Kim Carmack repeatedly complained about concerns that her ex-husband, Sgt. Ryan Anders, was stalking her over the past year after she filed for divorce last April. Yet IMPD officials are pointing the blame at Marion County Prosecutor Terry Curry's Office, which they say failed to act on their request to arrest Sgt. Anders on multiple criminal charges.

While Carmack filed for divorce from Anders in April 2013, and the couple's divorce became final last October, the internal affairs document indicates that Carmack had repeatedly complained about Anders' stalking her while on duty, continuing long after their divorce was final. She had even made allegations that that he had sexually assaulted her. IMPD did not take official action on Carmack's concerns until five weeks ago when she sought a protective order against him in which she stated under oath that she feared for her life. "Internal investigations looked into this matter and sat down and talked to both parties," said IMPD Chief Rick Hite. "And understand there were several issues and challenges on both sides."

A subsequent internal affairs investigation included interviewing more than 30 people familiar with the couple's rocky relationship. After Carmack obtained a protective order against Anders, IMPD brass placed him on administrative leave and confiscated his department-issued weapons. The department reassigned Carmack, and even took the step of placing her in a safe house on the west side where they believed she would be safe from Anders. Carmack's weapons were also taken from her during her administrative reassignment. Police also placed a GPS tracking device on Anders' car so they could continuously track his movements. Police say Anders evaded their detection when he went to Carmack's west side home by borrowing a friend's car.

A March 27 internal affairs memo obtained by WRTV indicated that police had enough evidence to arrest Anders on multiple charges of stalking, criminal confinement and burglary weeks ago. The memo emphasized that Carmack was at great risk of harm from Anders. Despite the evidence police had gathered, a deputy prosecutor in Marion Co. Prosecutor Terry Curry's Office wanted to take more time to obtain Anders' phone records before executing an arrest warrant. For reasons that are unclear, Carmack was removed from the safe house and returned to her home "against our better judgment", in the words of IMPD Chief Rick Hite, where she was hunted down and killed by her ex-husband yesterday evening. WRTV reached out to the prosecutor's office for their reaction to the allegation by IMPD that their delay in arresting Anders resulted in last night's tragic murder-suicide but had not yet gotten their response as of this evening's 6:00 p.m. news broadcast. In the meantime, you can bet that Chief Hite has launched a witch hunt to track down the person who licked the internal memo so that he can retaliate against him or her with all his might.

17 comments:

Anonymous said...

Did I read this correctly: "Despite the evidence police had gathered, a deputy prosecutor in Marion Co. Prosecutor Terry Curry's Office wanted to take more time to obtain Anders' phone records before executing an arrest warrant."

Terry Curry has some explaining to do. Two people are dead! It appears that a delay requested by Curry's staff is a significant factor in the resulting event not being stopped before the deaths....

Anonymous said...

not that it will do much good now but anyone wanna bet that Hite is too dumb to know how to trace the gun utilized.



Anonymous said...

Familiar story. Many of us know this happens way too often and even the safe houses and shelters will tell the same story of non-action. One case is ten years old...

Anonymous said...

I am troubled as to why the media was told the officers were found dead at 5:40PM. According to dispatch records officers were dispatched at 5:40PM, arrived at the house at 5:45PM, discovered forced entry two minutes later, and SWAT didn't make entry until well after 7PM.

Anonymous said...

We'll forever be just one TIF away, from more competent case handling.

Marycatherine Barton said...

In 1978, when my house alarm went off because my ex-husband broke in via the side door of my residence, causing IPD to arrive, the officer in charge informed me that by phone, his superior had told him that I needed to move, otherwise I would be arrested if ever my ex again broke in. Lucky for me, I could afford to vacate, but over the years, how many vast numbers of other women have fared much much worse thanks to uncaring officials, many of which women and some men, I can name. May Kim Carmack rest in peace!

Anonymous said...

Ann Delaney from the Women's Shelter
ought to rip into Mayor Dufus on this one.

Anonymous said...

IMPD bungled the handling of this from the get go. I would be terrified if someone was stalking me or an ex terrorizing me - there is no safety here in Indy.

There will lots of information that doesn't make it to the public on this one.

Chilling.

Had Enough Indy? said...

The star reported that Carmack was also placed on admin leave when a fellow cop reported the violence. This sounds very different in many respects. Do you know if she was penalized because someone reported his violence on her?

Gary R. Welsh said...

Pat, I believe they were both continuing to be paid. I thought her's was described as an administrative reassignment where she wasn't required to perform her normal police duties as opposed to administrative leave like his but I may have misunderstood. She was penalized in the sense that they took her weapons away from her just like they did him, as if there was some threat of her using a weapon against him. I thought it was interesting that her attorney in her divorce indicated no knowledge of any domestic problems during their divorce proceeding, noting that she had not asked him to obtain any protective order during the pendency of their divorce.

Anonymous said...

She was being stalked, stated she was in fear of her life, and they take her weapon.

un. frigging. believable.

Or it should be... sadly it's all to common. Disarm the victim...

Anonymous said...

In Indiana the Prosecutor DOES NOT DECIDE WHO TO ARREST! That is outside his role.

The POLICE either decide to make an arrest or a Judge issues an arrest warrant ordering an arrest. The arrest warrant is based on probable cause, usually submitted by the POLICE to the judge.

Prosecutors approval is NOT needed to make the arrest nor to get an arrest warrant (Indiana law).

That said, the report states: "IMPD brass was too slow to act after Officer Kim Carmack repeatedly complained about concerns that her ex-husband, was stalking her over the past year. Yet IMPD officials are pointing the BLAME at Marion County Prosecutor Terry Curry's Office, which they say failed to act on their request to arrest on multiple criminal charges.

So the real question: If there were probable cause to arrest before the murder, then why wasn't it done???


Anonymous said...

As far as I know there was no protection order against her.

That means that she could have purchased a gun at any time to protect herself. I don't think IMPD is responsible for making sure every person in fear of their life is armed.

Officers know to have a personally owned weapon (and personal protection permit) in case you are ever suspended or have your department firearm (and legal right to carry as an officer) taken away temporarily or permanently.

I don't think you can blame IMPD for wanting to remove city-owned weapons from a volatile domestic relationship.

Gary R. Welsh said...

I've not heard where he got the gun, but I assumed the gun Anders used on Carmack and himself was a personal firearm. There is a federal case pending against the City of Indianapolis where it is accused of violating a former police officer's civil rights by taking personal firearms from him, along with his department-issued firearms, after a domestic disturbance between him and his girlfriend. That may explain why IMPD did not attempt to seize his personal firearms.

LamLawIndy said...

Look, the screening prosecutor needs to have all the info b4 filing a domestic violence charge against a person, particularly a law enforcement officer whose very livelihood -- not to mention reputation -- will be affected. Screening a case is hard work, sometimes rife with tough decisions.

Anonymous said...

LamLawIndy, you should not give up your day job! Drama is NOT your forte!!!

The only info needed to file a charge is probable cause...combine that with a reasonable belief by police that she was "in grave risk of harm" shows, in my humble opinion, DELIBERATE INDIFFERENCE, and neglect of the prosecutor's oath-of-office!!!

Anonymous said...

The facts in this case have not been reported by IMPD or the prosecutors office correctly. First, she was NEVER placed in a "safe house" by IMPD, she was on the run in various hotels and friends homes, and had been told it was safe to return to her home as of that Monday because they had eyes on him 24/7. IMPD reports they had not known she returned, but she had been home for days and checked in with IMPD several times a day. A leak within the Department was tipping him off to the progress of the criminal case against him, which they had all the evidence they needed to arrest him weeks ago. They were never physically watching him, unlike what she was told, he was just on a GPS and of course anyone would know he would get a different car. He was originally given an admistrative job, just as she was, but he requested a mental health leave after he was served with a restraining order. She was killed because No one at the top of IMPD nor the Prosecutors office wanted to arrest another member of IMPD until they absolutely had to to prevent more bad publicity .However, allowing one of their Sergeants to stalk, harrass , abuse and ultimately kill one of their own because you refuse to arrest him, despite mounds of evidence against him, .is a much worse outcome. She felt safe to go home because she believed he was being physically watched, he was not.