On Jan. 30, 2022, the Brookville Police Dept. served a search warrant on the residence of Trevin Thalheimer, 32, and Garrett Pierce, 25. According to a report later forwarded to the Franklin County Prosecutor's Office, the officers recovered some marijuana, paraphernalia, and legend (prescription-only) drugs. As a result, the Brookville officers booked Pierce into jail on charges related to the search warrant execution.

In addition to charges from the search warrant, Thalheimer was also booked into jail based on the officers' assertion of probable cause for an unrelated investigation involving rape allegations against Thalheimer. However, the case had been assigned to another Brookville officer (uninvolved with the search warrant investigation) in late May 2021. At that time, no formal charges were being pursued regarding the 9-month-old allegations, and the Franklin County Prosecutor's office issued no arrest warrant.

Thalheimer shared he was shocked by the rape allegations and had no idea his arrest was related to the allegations when police initially began the arrest.

Franklin County Prosecutor Chris Huerkamp had been informed several months prior of the allegations and had been presented with the investigating officer's report. Still, neither Heurkamp nor any member of the prosecutor's office had been consulted before the decision made by members of the Brookville Police Department to assert the 9-month-old rape allegation as the basis for a probable cause arrest and additional booking charge on Jan. 30.

Both Thalheimer and Pierce posted bond almost immediately. A report was forwarded to the prosecutor's office on Feb. 13, 2022, and formal charges were filed the next day on the alleged marijuana and paraphernalia charge. 

Before Thalheimer's arrest, he expressed interest in pursuing a vacant Brookville Town Council seat. He later withdrew his candidacy following the arrest. Franklin County Prosecutor Chris Huerkamp was unaware of Thalheimer's interest in pursuing Brookville Town Council when the reports were being reviewed and formal charges were being considered.

After the arrest, Thalheimer shared something felt off at the time of his arrest. "It all seemed so convenient at the time," Thalheimer shared. “However, I always believed that the social contract between citizens and police was enforced until I got the call." The call to Trevin came just days after the arrest from a source stating a Brookville Police officer had reached out regarding the vacant Brookville Town Council position when Eric Johnson resigned and offered her the department's full support.

Attorneys for both Pierce and Thalheimer filed Motions to Suppress evidence from the investigation, alleging that the Brookville Police had violated the defendants' constitutional rights. A hearing on the defense motion was initially scheduled to proceed on May 5 but was rescheduled several times at the defense's request.

On Tuesday, July 19,  a suppression hearing was conducted in Franklin Circuit Court Division 2 before Judge Clay Kellerman. During the hearing, a witness testified she had been contacted by the investigating officer, who Thalheimer identified as Ryan Geiser, about seeking the vacant town board seat  Thalheimer was pursuing. This call was confirmed to have occurred earlier in the same week the search warrant was executed. According to the witness, the officer told her  Thalheimer was thought to be anti-police, and she would have the support of the Brookville Police Department if she pursued the seat herself. The witness found the call odd but dismissed it until she saw Thalheimer's arrest in the following week's Brookville American/Democrat.

In open court, the officer was confronted by defense attorneys and Prosecutor Huerkamp regarding numerous unconventional, but not necessarily improper, steps in applying and executing the search warrant. Geiser eventually acknowledged that the investigation was motivated by political purposes regarding Thalheimer's candidacy and his purported insufficiently pro-Brookville Police Department views. In addition, Geiser claimed  he was directed in his efforts by his superiors to insert the additional probable cause arrest and booking for the unrelated investigation from nine months prior.

"I figured something would have come out," Thalheimer stated regarding the hearing. "But I didn't know it was going to be a bombshell. I didn't think [Brookville Police Department's Chief Terry] Mitchum's name would be mentioned. I mean, being the police chief, I would have figured you would be held to a higher standard than that." 

At the conclusion of evidence, Prosecutor Huerkamp was compelled to join Defendant's Motion to Suppress, and he moved to dismiss both cases on the spot. The Court, being duly advised in the premises, granted the joint Motion to Suppress on July 19. 

“Based on what I heard in open court, I am disturbed beyond words at the conduct of this investigation and arrest,” Huerkamp said. “Even though I was present in the Courtroom for all of it, I will reserve further comment until I have had a chance to review the transcript in its entirety.”    

Immediately following the hearing, Huerkamp contacted the Indiana State Police and requested that they initiate an investigation of the Brookville Police Department. 

Finally, Huerkamp wanted to make it clear that the actions by one or more members of one department should not reflect upon the excellent work of the Franklin County Sheriff's Department, Indiana State Police, Batesville Police Department, Department of Natural Resources, and other smaller county agencies. Huerkamp noted that the Brookville Police Department is currently the only full-time police agency in the jurisdiction with no recording devices whatsoever—no dash cameras, body cams, or audio. 

When the charges were dismissed, Thalheimer shared how he felt. "How do you say, relieved and furious at the same time? Regardless of being dismissed, my reputation was ruined. I really wanted to serve this town. I really didn't hate cops. I wanted to make a difference."

Brookville's town attorney Grant Reeves issued the following statement: "The Town of Brookville takes the contentions raised in this case very seriously. The town is investigating this matter and awaiting the official court transcript to ensure it has the correct information. The town anticipates cooperating with any state police investigation into this matter. Police officers in Indiana are entitled to certain legal processes. Therefore, the town must carefully balance the rights of the officers involved with the potential gravity of this situation."

Thalheimer hopes sharing his story will end these actions by law enforcement. "It's about accountability," Thalheimer said. "These are supposed to be the folks that serve and protect our community no matter who you are. You sign an unspoken social contract when you become a police officer."

Police Chief Terry Mitchum was on vacation but immediately responded to a statement request. Mitchum said he was unaware of the situation but would have a statement upon his return. Officer Ryan Geiser declined to provide a statement at this time.

A transcript of the July 19 suppression hearing has been requested by the Franklin County Prosecutor's Office but has not yet been completed. The Franklin County Prosecutor's Office will provide a copy of the transcript of the hearing once it has been received and reviewed. Neither the names of the witnesses who testified at the hearing nor other individuals mentioned in the testimony will be identified by the Franklin County Prosecutor's Office at this time. Because the 9-month-old allegations and investigation mentioned previously have not resulted in the filing of formal charges, no details regarding that matter will be released at this time, either.

The existence of an investigation should not be considered proof of criminal activity. Any potential subject/suspect in an ongoing criminal investigation is presumed innocent until proven guilty in a Court of law.

This story is ongoing and will be updated as additional information is provided.