INDIANAPOLIS — A former Marion County constable removed from office after pleading guilty to misconduct and gun charges has requested to have her plea agreement thrown out.
As part of a plea agreement accepted by a judge Oct. 8, former Center Township Constable Denise Hatch pleaded guilty to felony official misconduct, misdemeanor unlawful carrying of a handgun and misdemeanor disorderly conduct in connection with multiple cases.
An invasion of privacy charge against Hatch was dismissed, and she was not going to serve any additional jail time, according to the agreement obtained by 13News, as well as Hatch's attorney.
"As a result of her felony conviction, Indiana law provides that she is automatically removed from office," Hancock County Prosecutor Brent Eaton said in a statement after the plea agreement was accepted.
Now, Hatch has filed for that plea agreement to be vacated.
In a filing dated Oct. 21, Hatch's attorneys said the plea "was not knowingly and voluntarily made, and that withdrawal of the plea is necessary to correct a manifest injustice."
Hatch's attorneys made the following arguments in the filing (all direct quotes):
- The Defendant was denied effective assistance of counsel during the plea process.
- The Defendant did not fully understand the consequences of the plea due to inadequate advisement by counsel.
- The plea was entered under duress, with undue pressure to resolve the case quickly, and without a full understanding of the legal rights being waived.
- The Defendant was not made fully aware of the consequences.
According to online court records, a hearing on the matter is scheduled for Nov. 12.
Background on criminal cases
Two criminal cases were filed against Hatch in February. In one, Hatch was charged with official misconduct and theft after allegedly stealing broccoli from an Indianapolis grocery store while wearing her badge and telling employees only the sheriff could arrest her.
In the second case, Hatch was charged with official misconduct, attempted assisting a criminal and attempted resisting of law enforcement after she allegedly arrived at the scene of a traffic stop in which a deputy constable was arrested for allegedly carrying a gun as a convicted felon.
Hatch allegedly tried to open the door of the police car her deputy was in. Charges against the deputy constable in that case are pending, Eaton said in early October.
After being released on bond, Hatch was alleged to have committed misconduct and unlawful carrying of a handgun after bringing her gun while working security in her constable uniform in May 2024. With a pending felony case, Hatch was not allowed to carry a handgun at the time. She was arrested and taken to the Marion County Jail.
Then in early October, Hatch was charged with more counts of official misconduct and disorderly conduct after interrupting a public meeting at the Center Township Government Center and shouting expletives at the trustee while wearing her uniform. She allegedly had to be escorted from the building.
After sentencing Oct. 8, Eaton said, "the firearm, ammunition, and Constable badge currently being held as evidence may be destroyed by the IMPD."
13News reported after the sentencing, on Oct. 8, that the Marion County Democratic Party would be required to form a caucus to appoint a replacement for Hatch within 30 days.