By John Estridge
On February 25, Benjamin Herd pleaded guilty in Franklin Circuit 2 Court before Judge Clay Kellerman to Failure to Report a Dead Body, as a class A misdemeanor.
Part of Herd’s plea agreement is he has to testify to the truth of the matter regarding events of June 8-9, 2018 and subsequent companion cases, including the State vs. Michael Presley.
Herd pleaded guilty to his part in moving the body of William Garrett Shepard from a house in Brookville to the Mt. Carmel School parking lot on June 9, 2018.
Shepard’s body was found in the passenger seat of his van, which was parked in the school’s parking lot. Franklin County Sheriff’s Department deputies Andrew Voelker and John Roberts responded to the Mt. Carmel parking lot on June 11, 2018.
According to an Affidavit of Probable Cause written by FCSD Major Gregory Mehlbauer, an autopsy was performed on Shepard, and it was determined he died of a heroin overdose with ethanol (alcohol) also being present.
During his investigation, Mehlbauer said Shepard had spent the evening prior to his death at the Pioneer Bar in Brookville. Witnesses and camera footage allowed Mehlbauer to ascertain Shepard walked with a friend from the Pioneer to the Presley residence in Brookville. Presley, 30, lived at that location with his girlfriend and his mother.
Shepard’s friend left the Presley residence, but Shepard stayed and that was the last time Shepard’s friend saw Shepard alive.
Subsequently, a Brookville Street Department employee found Presley’s cell phone and wallet in a storm drain about 100 yards from Pressley’s residence.
On October 21, 2018, Presley was incarcerated at the Franklin County Security Center on an unrelated situation. Mehlbauer talked to Presley at the FCSC about the Shepard case. Presley said Shepard came to his residence at about 3 a.m. that morning. According to Presley, Shepard requested drugs. At that point, Presley’s mother forced everyone to leave the residence. Also, Presley said he had no knowledge of Shepard’s cell phone, vehicle, wallet or where Shepard went after that. However, Presley did say Herd was at the Presley residence when Shepard arrived.
In October 2019, Presley’s girlfriend was incarcerated at the FCSC on an unrelated matter. Mehlbauer also talked to her. She initially denied any knowledge of it. Then, she stated she and Presley were asleep at his residence when Shepard and another person came to their door. Shepard wanted to get drugs. Presley asked his girlfriend to drive Shepard and himself to Cincinnati. The girlfriend refused, but she did say she would go to the Pioneer and bring Shepard’s van back to the residence. On the way back to the Presley residence, Shepard accessed an ATM. Again, the girlfriend was asked to drive them to Cincinnati, but she again refused. Presley and Shepard then left the residence and the girlfriend went back to sleep.
Later that morning, the girlfriend awoke to people screaming. She saw Presley standing over Shepard, who was unresponsive on the floor. Presley told her Shepard “fell out,” which Mehlbauer said is slang for overdosing.
The girlfriend attempted to perform CPR, and Presley would not assist her. She then said Presley warned her not to call 911.
“At that time, Benjamin Herd, who was also present at the Presley residence, assisted Presley in picking up Shepard’s body and carrying him to the van,” the affidavit reads.
Presley drove the van while Herd followed in his own vehicle. She said Presley later returned home alone and without the van.
Presley has been charged with Alteration of Scene of Death, as a Level 6 Felony, and Failure to Report Dead Body, as a class A misdemeanor. His jury trial is set for June 30. Everything mentioned in the affidavit is alleged to have occurred regarding Presley.
According to mycase.in.gov, Presley has a criminal history in Franklin County. On January 29, 2019, Presley pleaded guilty to Non Support of a Dependent Child, as a Level 6 Felony, and was sentenced to two years and 183 days in the FCSC with one year and 92 days suspended to probation to be served concurrent to a sentence imposed on another felony charge. He was also ordered to pay $9,356.68 in child support.
On Jan. 29, 2019, he pleaded guilty to Unlawful Possession of a Syringe, as a Level 6 Felony, and was sentenced to two years and 183 days in the FCSC with one year and 92 days suspended to probation. On Dec. 2, 2019, Presley was arrested for a Probation Violation in the case and on May 22, 2020, Presley pleaded guilty to the Probation Violation.
He also pleaded guilty to Resisting Law Enforcement, as a class A misdemeanor in 2018 and another felony count of Non Support of a Dependent Child in 2015.
When Herd pleaded guilty to his class A misdemeanor, he was sentenced to 12 months in the FCSC. He was given credit for eight months for completing an inpatient treatment program. A count of Alteration of a Scene of Death, as a Level 6 Felony, was dismissed.
