By John Estridge
he former and current Brookville Police Chief as well as a former Brookville Police Department (BPD) officer filed lawsuits against the Town of Brookville.
Terry Mitchum, the former and current police chief, and Ryan Geiser, a former BPD officer, were terminated by the Brookville Town Council (BTC) on the last day of 2022, acting upon the recommendation of the newly formed Brookville Town Safety Board (TSB).
At the first new BTC meeting in January, BTC voted to rehire Mitchum but took no action on Geiser as Mitchum said he was unsure if he would rehire Geiser.
In 2022, the BPD served a search warrant on a Brookville residence. While executing the search warrant, BPD officers arrested Trevin Thalheimer for an unrelated alleged incident. The officers had not secured an arrest warrant prior to the arrest. Also, Thalheimer had made known his intention of trying to get an open BTC seat.
Many believed the arrest was politically motivated as there had been some alleged comments made by police concerning Thalheimer being anti-police.
Thalheimer has filed a federal lawsuit against the Town of Brookville and BPD alleging violations of his civil rights.
Following the execution of the search warrant, drug charges were filed against Thalheimer and another man.
During a suppression hearing in Franklin Circuit Court II before Judge Clay Kellerman regarding the drug charges, Geiser testified he was ordered to arrest Thalheimer by his superior, which was Mitchum.
Subsequently, drug charges were dropped against Thalheimer and the other man, and Franklin County Prosecutor Chris Huerkamp publicly came out against the Thalheimer arrest for the unrelated alleged event.
No charges were ever filed in that matter.
Huerkamp appointed a special prosecutor to investigate the situation and determine if any charges should be filed against Geiser and Mitchum. Union County Prosecutor A.J. Bryson requested the Indiana State Police investigate the situation. On completion of the investigation, Bryson decided to not file any charges.
Amid the uproar over the situation, the BTC formed a TSB made up of BTC members. However, unelected individuals were also appointed to the board to act as alternates. The TSB hired attorney Anthony Saunders who investigated the situation and then filed charges against both Mitchum and Geiser. These were not criminal charges but could and did end up in the officers’ termination.
Saunders presented the charges and the evidence against Geiser and Mitchum at public hearings.
Following the hearings, the TSB voted 4-1 to give a termination recommendation regarding the two officers to BTC.
Then, on 2022’s last day, BTC voted 4-1 to terminate both Mitchum and Geiser.
Charles N. Braun II is representing both officers in their lawsuits against the town. Braun alleges the actions of the TSB and BTC were flawed. Unelected officials were placed on the TSB, which is against state code, Braun alleges in the lawsuit. Also, he said the subsequent decisions by the TSB were “arbitrary, capricious and not supported by substantial or credible evidence.”
In November, two new BTC members were elected to council. They took office on Jan. 1. In its first meeting, BTC voted 3-2 in favor of reinstating Mitchum as police chief.
Later in that meeting, BTC discussed rehiring Geiser to his position as a BPD officer, but Mitchum came to the public microphone and said he had not decided to rehire Geiser at this point.
In the lawsuits, Geiser requests to be rehired and have all backpay and benefits awarded to him. Since Mitchum was subsequently rehired, he has requested the proceedings of the TSB and BTC be permanently expunged from his record. Also, that he receive backpay for the few days he was without employment.
Braun requests the town present complete transcripts of the entire disciplinary hearings of Dec. 29, 2022, and the public hearing held on Dec. 31, 2022. Braun also requests the town produce all “pleadings, exhibits and entries filed in connection with this case before, during and after said hearing.”