LOUISVILLE, Ky. — The wife of a former southern Indiana sheriff facing 15 felony charges could soon be facing her own legal trouble.
During a pretrial hearing Tuesday in Clark County Circuit Court for former Clark County Sheriff Jamey Noel, special prosecutor Ric Hertel said the state is prepared to bring criminal charges against Misty Noel. Misty is Jamey's wife.
Hertel asked about the proper way to bring these charges since a special prosecutor and special judge are in place for Jamey Noel's case, and the judge wasn't appointed to oversee a case for Misty. He did not specify what kind of charges he is seeking.
Jamey Noel is facing numerous charges of corrupt business practices, ghost employment, official misconduct, theft and tax evasion. Authorities believe Noel directed Clark County jail employees to work on his personal and rental properties, and run errands for him while working on county time and being compensated with public funds.
Investigators are also scrutinizing his vast automobile collection, which includes 133 vehicles registered to the Utica Township Volunteer Fire Department and New Chapel EMS, which he runs. Several were "inconsistent" with a non-profit fire department and EMS business.
Misty Noel was present in the courtroom Tuesday, and the judge discussed the possibility of having a probable cause hearing and arresting her on the spot.
"I could arrest her myself according to the statute," special judge Larry Medlock, of Washington County, said.
"If you want to arrest her, she's sitting in chair two, front row," defense attorney Larry Wilder said.
"Well, I've got to have probable cause before I can do that," Medlock said.
Wilder expressed his disapproval of the state trying to arrest her when the jurisdictions and bond were not certain. He was unhappy that she could be held for 48 hours before the formal charge is filed, and her bond is formally set.
"I find it a tad bit disheartening that this is how the government's approach to this proceeding was," Wilder said.
Hertel then said he didn't actually want to have the probable cause hearing Tuesday, and was just looking for guidance from the judge.
"Had Mr. Wilder merely sat quietly and listened...the state's not prepared to move forward in any kind of probable cause hearing or submit a probable cause affidavit today," Hertel said.
The two sides, the judge and the Clark County Circuit 1 Clerk office will take the next few days to check with the Indiana Supreme Court to see if the current special judge can also take on Misty's case, or if it needs to be run through the usual Clark County systems and Judge Nick Karaffa.
Judge Medlock ruled Tuesday that the parties must continue with their discovery process according to the new Indiana Trial Rule 2.5. The state said it was preparing to return over 250,000 pages of documents to the defense and Noel's team. They said it would take over 20 terabytes of electronic storage.
Wilder also said after the hearing that they are still continuing with an appeal of Noel's original bond decision, which is now going to the Court of Appeals and could take six months. Noel is out on $75,000 cash bond, but he was ruled a flight risk and had to turnover his guns and passport.
Both Hertel and Wilder declined to do interviews after court Tuesday. The next hearing is scheduled for March 15.
Earlier this month, documents revealed Jamey Noel fathered a child with former county councilwoman Brittney Ferree and made several child support payments using Utica Township Volunteer Fire Fighter Association funds, and failed to note this on his taxes.
Investigators also looked into a 2015 white BMW registered to Ferree. They found the vehicle was property of the volunteer fire fighter association until January 2023, when it was sold to Ferree for $21,000.
However, investigators say they combed through Noel's finances, his businesses and several family member's finances, and found no proof of anyone receiving $21,000.
In December, documents showed investigators believe Noel unlawfully purchased a 1958 Cessna airplane.
RELATED VIDEO