JEFFERSONVILLE, Ind. — Judge Roger Duvall defended his decision Wednesday to issue a temporary restraining order against New Chapel EMS last week. The order will prevent New Chapel EMS from selling of any of its assets, as the company is in the midst of a significant downsize.
"The game changed on Monday, last week, when Mr. Noel pled guilty," Duvall said. "With his admission that he, on multiple counts, that he basically used New Chapel and the good people that are involved in New Chapel, for his own personal gain. Those became facts that the court can take judicial notice of."
Duvall, who is part of the Indiana Senior Judge program, is presiding over Attorney General Todd Rokita's lawsuits against Jamey Noel, and also a lawsuit by the Utica Township Fire Protection District board of trustees.
In the latter case, the fire district is alleging that it and the people of Utica Township are the rightful owners of New Chapel EMS' assets.
Duvall said the fact that Noel pleaded guilty to 27 felonies on August 26 casts a lot of doubt on past transactions between the fire district and Noel's former fire departments. He said he issued the temporary restraining order to give the two sides time to iron out all their documents before any more sales occur.
"If Mr. Noel is doing these things to this extent at New Chapel, and over the course of several years able to abscond, divert, use for his own purposes millions of dollars and your clients know nothing of that, then it's not too far of a leap of logic for me to say, 'Maybe, we really don't know about the ownership of some of this property,'" Duvall said.
Attorneys for New Chapel EMS said the fire district can still be made whole with a payout if they win the lawsuit, and there's no reason to stop New Chapel from selling items in the interim.
They also said they need revenue from these sales to recoup the losses from Noel's alleged crimes.
"Encumbering debt, upon debt, upon debt on this company that the company is stuck paying for. Now, we may get a restitution order somewhere down the road, there may be relief for us somewhere down the road. But as of today, it's this company paying the bill," New Chapel EMS attorney S. Coy Travis said.
New Chapel has submitted a request for a change of judge. Under Indiana law, defendants are allowed to request a change of judge in civil cases with no reason given.
Judge Duvall said he will keep the temporary restraining order in place, and let the parties argue it before a new judge.
He also directed the parties to meet out of court and see if there is any way to modify the restraining order to be more relaxed for New Chapel, while not upsetting the fire district.