On Nov. 29, at the Schilling Community Center in Brookville, the Brookville Safety Board held an Executive Session at 6:30 p.m. The session was to receive information concerning alleged misconduct by Brookville Police Department (BPD) Chief Terry Mitchum and Lt. Ryan Geiser.

Following the executive session, a Special Brookville Safety Board meeting was held to discuss evidence obtained since the previous safety board meeting on Nov.9 regarding the disciplinary proceedings concerning the two members of the BPD.

At the Nov. 9 special meeting, the board instructed Special Town Counsel Tony Saunders to investigate misconduct allegations against the two officers. After completing the investigation, Saunders submitted the disciplinary charges to the Brookville Safety Board for the board to determine just and proper action at last night's meeting.

“Through the course of my investigation, I interviewed several witnesses and spent a great deal of time going over records and testimony from these people," Saunders stated. "I have enough evidence and information I can recommend that disciplinary charges be filed against both officers.”

The three counts of disciplinary charges submitted by Saunders regarding officer Geiser while he was acting in an official capacity are as follows:
Count I: Evidence was uncovered Geiser engaged in conduct unbecoming of an officer. As a result, the Franklin County Prosecutor's office informed the BTC the prosecutor's office would not be proceeding with charges based on Geiser's investigative reports or affirmations that rely on his credibility until further notice.

Count II: Evidence was uncovered Geiser has engaged in immoral conduct wherein he was not honest and forthcoming with the Franklin County Circuit Court 2 in his testimony during a hearing on a motion to suppress on July 19, 2022, in the case of State of Indiana v. Garrett Pierce, and in fact, lied under oath when under examination by attorneys. Such acts directly affect his credibility and, combined with the refusal of the prosecutor to prosecute cases that Geiser investigates, renders him unfit and unable to discharge the duties of a BPD officer.

Count III: Evidence was uncovered Geiser engaged in immoral conduct unbecoming to an officer, wherein he ordered a subordinate officer to write an intentionally misleading report and contained false statements regarding the arrest on Jan. 28, 2022, of Thalheimer regardless of the subordinate officer's objection and belief the report was false and misleading. The officer complied with the orders of the superior officer despite his objection.
The board made a unanimous motion to accept all three disciplinary charges into the record and set an Administrative Disciplinary Hearing for Dec. 15 at 6 p.m. at the Franklin County Government Center. At this time, the board will take action as it sees just and proper.

Before the disciplinary charges on Chief Mitchum were discussed, Brookville Town Council (BTC) President Curtis Ward recused himself due to being subpoenaed as a witness for Mitchum's disciplinary hearing. Earl Moore was named as Ward's alternate.

The six counts of disciplinary charges submitted by Saunders regarding Chief Mitchum while he was acting in an official capacity are as follows:
Count I: Evidence was uncovered Mitchum has engaged in conduct unbecoming of an officer, immoral conduct, and or conduct injurious to the public peace or welfare. On or about July 20, 2022, following the testimony by Geiser, Mitchum stated to Ward if the council did not back him, he would make the town council members' lives a living hell.

Count II: Evidence was uncovered Mitchum engaged in neglect of duty regarding the processing and handling of evidence. Mitchum had not sent any evidence to the Indiana State Police (ISP) Lab since at least Dec. 1, 2021, and there is a backlog of evidence. In addition, Mitchum allowed an environment in the BPD to exist wherein the BPD had no access to the ISP lab reports for more than one month. Due to this neglect, the BPD did not retrieve a DNA report for many weeks.

Count III: Evidence was uncovered Mitchum engaged in neglect of duty regarding his duty to report all written discipline taken against officers under his command to the town board in writing within 48 hours as required by Ordinance #1-2009, which is the Standard Operating Procedures and Rules and Regulations of the BPD.

Count IV: Evidence was uncovered Mitchum neglected duty regarding his management of personnel, namely Geiser. Under Mitchum's command, Geiser engaged in a pattern of conduct that included lying under oath, making a warrantless felony arrest resulting in a tort claim against the town.
Count V: Evidence was uncovered Mitchum neglected duty regarding his personnel management, namely Geiser. Under Mitchum's command, Geiser engaged in a pattern of conduct that included lying under oath, which Terry Mitchum did not report to the appropriate authorities as required by Section 7.02 (a) of Ordinance #1-2009.

County VI: Evidence was uncovered Mitchum engaged in conduct unbecoming of an officer and immoral conduct. While serving as town chief in 2020, he did create a hostile work environment for an employee of the BPD.

The safety board accepted the six counts into the record. An Administrative Disciplinary Hearing was set for Mitchum on Dec. 29 at 6 p.m. at the Franklin County Government Center on a unanimous motion.

The civil investigation into the alleged misconduct of the BPD Chief Terry Mitchum and Lt. Ryan Geiser began once the criminal investigation led by ISP was completed and turned over to Special Attorney A.J. Bryson of Union County for charging decision was closed. No criminal charges were filed against either officer.