Michael Dvorak for Prosecutor

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This campaign web site is maintained by the staff of the Dvorak for Prosecutor campaign. Because Mike Dvorak is an elected prosecutor, ethical rules prohibit him from making certain kinds of statements during a campaign. Thus, to comply with these laws, Mr. Dvorak’s participation on this site is extremely limited. Except for press releases or other official statements, everything written here is from a campaign staff person, not Mr. Dvorak.

In addition, in the wake of the terrible death of Mishawaka Officer Szuba and his canine partner, the campaign site has received some extremely vitriolic comments, which will not be published. This site is intended to provide for a civil and helpful debate, not the sort of personal smears and unfounded personal attacks found in politics today. Comments that contain hate speech directed at a person or group, profanity, defamatory statements, or other uncivil attacks will not be published–whether directed at Mr. Dvorak, his office, his family, his campaign staff, or any opponent Mr. Dvorak may have. The campaign will also not respond to those comments.

Mr. Dvorak appreciates the anger that has resulted from the terrible tragedy this past weekend. He also appreciates hearing from the residents of St. Joseph County, and hopes that you will carefully consider his record as prosecutor and support him with your vote on November 2, 2010.

The St. Joseph County Prosecutor’s Office has filed charges against Shawn P. Devine, 31, of Mishawaka, in connection with the vehicular crash that occurred on January 9, 2010, that resulted in the deaths of Mishawaka Police Cpl. James Szuba and his K-9 partner Ricky.

CHARGES FILED IN FATAL CRASH INVOLVING MISHAWAKA OFFICER JAMES SZUBA

January 11, 2010 – The St. Joseph County Prosecutor’s Office has filed charges against Shawn P. Devine, 31, of Mishawaka, in connection with the vehicular crash that occurred on January 9, 2010, that resulted in the deaths of Mishawaka Police Cpl. James Szuba and his K-9 partner Ricky.

The defendant has been charged in a five-count Information:

• Count I: Operating a Vehicle with a Blood Alcohol Level Greater than .15 Grams of Alcohol, Causing the Death of Another Person, a Class B felony
• Count II: Operating a Vehicle with a Schedule I Controlled Substance in the Blood, Causing the Death of Another Person, a Class B felony
• Count III: Operating a Vehicle with a Schedule II Controlled Substance in the Blood, Causeing the Death of Another Person, a Class B felony
• Count IV: Resisting Law Enforcement, a Class B felony
• Count V: Habitual Substance Offender

The Court issued a warrant for his arrest, and set bond in the amount of $100,000 cash.  The defendant remains under medical treatment in an area hospital at this time, under police custody.  Upon release from medical treatment, he will be transported to the County Jail and will be arraigned on the charges after being booked into the Jail.

Media coverage of this crash has focused on the criminal history of the defendant.  Rules of Professional Conduct require that a Prosecutor avoid making public comments about a defendant in a pending case, in order to guard against the potential of prejudicing the pool of jurors who may hear the case at trial.  Model Rule 3.6 reads that prosecutors “shall refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation” of a defendant.  Model Rule 3.6(b) and its comments strictly prohibit a prosecutor from discussing “the criminal record of a… suspect in a criminal investigation.”

Please be advised that the charges filed against the defendant are merely an accusation and the defendant is presumed innocent until and unless proven guilty.

January 12, 2010 – Following is a statement addressing questions from the public about possible charges against Shawn P. Devine for the death of “Ricky,” the K-9 partner of Officer James Szuba:

Charges related to “operating while intoxicated, causing the death of another person” have been filed against Devine with regard to Cpl. Szuba’s death, under IC 9-30-5-5.  The statutes defining crimes of “operating while intoxicated” describe only injuries or death of “another person.”  The term “person” is defined in Indiana law as a human being; therefore, an animal, whether a “law enforcement animal” or not, does not meet the statutory definition to be named as a victim of the crime of “operating while intoxicated, causing death.”

There are statutes in the Indiana Code that allow for criminal charges to be filed when a suspect “knowingly or intentionally” injures or kills a law enforcement animal (IC 35-46-3-11).  Under Indiana law, the State is required to prove that the accused person knew that his actions had a high probability of killing a law enforcement animal in order to convict a person of “injuring a law enforcement animal, resulting in death,” a Class D felony.  In the crash that resulted in the death of “Ricky,” the K-9 officer, there is no evidence to support a charge that Devine knew that the police dog was in the vehicle and that he acted with intent to cause “Ricky” injury or death.

Please be advised that the charges filed against the defendant are merely an accusation and the defendant is presumed innocent until and unless proven guilty.

The 2010 campaign has not begun yet, so while we wait for it to begin, we are working on revising this web site. Please check back occasionally, or subscribe to our RSS feed to get updates and more as soon as they are published.