Shahadey's lawyer: Client resigned as deputy, safe for house arrest

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INDIANAPOLIS --- In court documents filed in federal court today in Indianapolis, Vigo County School Corp. kickback scheme suspect's lawyer, Joshua Moudy, claims  there is not sufficient proof that his client is a danger to the community, and he should be released to house arrest pending trial.

U.S. Attorney Josh Minkler had previously argued that Frank Shahadey-- a former deputy-- is danger to the community. Moudy claims today that  the Government has proffered little evidence on this issue that is on point, and has conceded that it is not seeking detention based on risk of flight.

Moudy says:

In contrast, Mr. Shahadey presented credible evidence that he is not a danger to the community, which persuaded the Magistrate Judge that there are conditions to reasonably assure Mr. Shahadey’s appearance and the safety of the community.

Shahadey is not only a decorated police officer of almost four decades; he is also a local business owner. He has shown, through his life and his work, that he is deeply invested in the future of Vigo County and its citizens. He also has no criminal history whatsoever.

Shahadey has been charged with one count of theft. He has not been charged with a violent crime, nor has he been charged with obstruction of justice or witness intimidation, Moudy states.  He was placed on administrative leave from his position with the Vigo County Sheriff’s Department, so he has had no access to any resources that have been allegedly misused. Effective November 8, 2016,

"Mr. Shahadey resigned from the Vigo County Sheriff’s Department. He has no Vigo County Sheriff paraphernalia remaining in his possession, as the Vigo County Sheriff’s Department seized any and all clothing and personal items bearing that name after Mr. Shahadey was arrested. All weapons and firearms of any kind have been removed from Mr. Shahadey’s home, and he has no more access to any Vigo County Sheriff’s Department facilities. At this point, he retains no ability to represent himself as a law enforcement officer, and retains no authority to command or order anyone to do anything. Furthermore, under the Court’s order, he is to have no communication with any of the witnesses or possible witnesses in this matter. He will also be confined to his home under the conditions of Home Incarceration.

Shahadey has a number of medical conditions that would be exacerbated by a period of incarceration. He has been diagnosed with sleep apnea, for which he requires a C-PAP machine. He has been denied access to this device since he was arrested. He has also been ordered to attend physical therapy three times per week to assist with his neck and upper back pain.

​ As he has been unable to remain in treatment, his pain has worsened and his condition will continue to deteriorate in custody."
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A judge will make a decision on the house arrest tomorrow.