INDIANAPOLIS — For the second time this year, Center Township Constable Denise Paul Hatch sits behind bars at the Adult Detention Center accused for the third time this year of Official Misconduct, a felony, along with a slew of other charges.
Hatch is jailed on a higher-than-usual $25,000 bond for allegedly violating a judge’s order last February in a previous felony case to not carry a firearm despite her duties as a sworn law enforcement officer.
The constable was arrested by IMPD detectives late Saturday night while driving away from a Lafayette Road event center where she had provided private off-duty security alongside several of her deputy constables.
Detectives were advised that Hatch was likely to be wearing a gun despite the judge’s pre-trial release order.
A Probable Cause Affidavit filed late Sunday alleged that Hatch had a loaded 9 mm Glock handgun in a holster along with a MECA police radio, her constable badge, two ID cards, handcuffs and soft body armor when she was arrested.
She faces a Tuesday morning hearing before a magistrate.
Hatch has been investigated several times over the past year on allegations of interfering with police, trying to stop the arrest of a deputy constable suspected of being a felon, stealing lunchmeat from a grocery store and hiring other convicted persons under her “restorative justice” mission of giving second chances to individuals shut out of law enforcement roles.
Sources indicate that Hatch has approximately 45-50 deputy constables on her force while most Marion County township constables make do with less than ten.
Hatch’s eviction and law enforcement responsibilities, along with access to police radio communications, were stripped away last year by county agencies and the judge of the Center Township Small Claims Court after the constable unsuccessfully attempted to have the Court’s bailiff arrested on charges of impersonating a police officer.
With no official duties to carry out or eviction notices to serve, most Center Township deputy constables rely on the law enforcement powers granted them by Hatch to work private security assignments.
While Hatch has not yet been tried on any of the various charges she faces, a defense attorney who has represented elected officials accused of felonies told FOX59/CBS4 that it would be up to the City-County Council, should the constable be convicted, to remove her from office.
”County and local officials are subject to removal and that is by statute at the county or city level. So, a county council or a city council could remove a county elected official or a municipal city official,” said John Tompkins. ”If you’re a convicted felon you cannot serve so you would have to forfeit office or try to sue to maintain office if a felony conviction was entered. If you were running for office, you would have to withdraw from the election because you couldn’t serve even if elected.”
Tompkins said that as Hatch is an elected law enforcement official whose duties include carrying a firearm, her pending felony charges, despite the judge’s order, carry some complications.
”Indiana’s new statute on permitless carry does say that a person who is under indictment or is facing a charge on a felony is not a proper person to carry a firearm,” he said, “but it also has exceptions for law enforcement, active duty military and the like, and those questions have not been addressed under the new statute.”
Following Hatch’s arrest her office issued the following statement:
“The Center Township Constable’s Office is aware of the arrest of Constable Hatch, and is currently gathering information regarding this matter. The Office is dedicated to serving the public lawfully in her absence until this matter is resolved.”
Meanwhile, the Center Township Trustee LaDonna Freeman issued her own statement distancing herself from the Constable’s problems:
“In response to recent inquiries, the Center Township Trustee’s Office will not be commenting or providing interviews concerning the recent events involving Constable Hatch. It is important to clarify that the Center Township Trustee’s Office and the Center Township Constable’s Office operate as separate government entities. Therefore, I will refrain from making any statements regarding an elected official and their respective office.
“The priority of the Trustee’s Office remains on delivering essential resources to the residents of Center Township. This statement serves as the sole communication from the Center Township Trustee’s Office on this matter.
“Thank you for your understanding.”