July 23, 2014 at 2:10 p.m.
Dunkirk officer found in contempt
Failed to show for criminal trial
A Dunkirk police officer has been fined and found in contempt of court for failing to show up to testify at a criminal trial.
Andrea Weekley, a full-time Dunkirk police officer, was found guilty of indirect contempt of court in a ruling issued Sept. 11. Jay Circuit Court Judge Brian Hutchison ordered her to pay a total of $636 ($500 in fines and $136 in court costs).
Her failure to appear caused the cancellation of the trial and dismissal of two felony charges against a Dunkirk man. Those charges can not be re-filed.
Weekley was subpoenaed to testify at a criminal trial on Aug. 4. On the morning of the trial, she called the Jay County Prosecutor's office and said she would not be attending the trial because she was on sick leave.
According to court documents, the defendant in the criminal trial, J. Christopher Sargent, Dunkirk, his attorney and several prospective jurors showed up for the trial. However, because Weekley was a critical witness in the case - since she arrested Sargent and allegedly took his confession - the case had to be dismissed. The 35 jurors were released. The court had to pay a total of $755.56 in juror fees and mileage, even though no trial took place.
Sargent was facing charges of battery resulting in bodily injury to a pregnant woman, a class C felony, and battery resulting in injury, a class D felony. The alleged crime occurred in February of 2008.
Weekley was subpoenaed to appear at the trial on July 8, 2009. She was scheduled to testify at 1 p.m. on Aug. 4.
The police officer was on a medical leave of absence on the day the trial was scheduled to begin, and had been since July 9. In the judge's ruling he said Weekley was at home on the day of the trial, was not hospitalized and had adequate transportation. She was both able and available to appear at the trial, Hutchison ruled.
Weekley told the court at a hearing Sept. 10 that she failed to appear because the trial was work-related and she was on a leave of absence from work. The judge ruled that Weekley's explanation for why she missed the trial does not constitute an adequate excuse.
She has since returned to work.
The prosecutor's office had requested a $755.56 fine for Weekley - an amount equal to that paid to jurors for the canceled trial. However, Hutchison ordered the $500 fine and $136 in court costs.[[In-content Ad]]
Andrea Weekley, a full-time Dunkirk police officer, was found guilty of indirect contempt of court in a ruling issued Sept. 11. Jay Circuit Court Judge Brian Hutchison ordered her to pay a total of $636 ($500 in fines and $136 in court costs).
Her failure to appear caused the cancellation of the trial and dismissal of two felony charges against a Dunkirk man. Those charges can not be re-filed.
Weekley was subpoenaed to testify at a criminal trial on Aug. 4. On the morning of the trial, she called the Jay County Prosecutor's office and said she would not be attending the trial because she was on sick leave.
According to court documents, the defendant in the criminal trial, J. Christopher Sargent, Dunkirk, his attorney and several prospective jurors showed up for the trial. However, because Weekley was a critical witness in the case - since she arrested Sargent and allegedly took his confession - the case had to be dismissed. The 35 jurors were released. The court had to pay a total of $755.56 in juror fees and mileage, even though no trial took place.
Sargent was facing charges of battery resulting in bodily injury to a pregnant woman, a class C felony, and battery resulting in injury, a class D felony. The alleged crime occurred in February of 2008.
Weekley was subpoenaed to appear at the trial on July 8, 2009. She was scheduled to testify at 1 p.m. on Aug. 4.
The police officer was on a medical leave of absence on the day the trial was scheduled to begin, and had been since July 9. In the judge's ruling he said Weekley was at home on the day of the trial, was not hospitalized and had adequate transportation. She was both able and available to appear at the trial, Hutchison ruled.
Weekley told the court at a hearing Sept. 10 that she failed to appear because the trial was work-related and she was on a leave of absence from work. The judge ruled that Weekley's explanation for why she missed the trial does not constitute an adequate excuse.
She has since returned to work.
The prosecutor's office had requested a $755.56 fine for Weekley - an amount equal to that paid to jurors for the canceled trial. However, Hutchison ordered the $500 fine and $136 in court costs.[[In-content Ad]]
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