Controversial K9 is officially retired, accusations remain

Jun. 8—Boone County Commissioners on Monday authorized disposal of surplus equipment, including a police dog who became central to accusations levied against the county sheriff.

Boone County Sheriff Mike Nielsen asked commissioners to declare property including five K9s, 18 Ruger firearms, four vehicles, camera and computer equipment, and two fryers and a dishwasher declared surplus.

County office holders may sell, trade, or dispose of surplus equipment in accordance with Indiana law. The guns were traded. The cars will be sold. And two dogs went home with their handler or handler's family.

Commissioners are the county's executive and legislative body and have authority over surplus equipment, and every county officer holder must seek their permission to remove county owned equipment from their offices.

The sheriff's office stockpiles surplus in the jail basement until they have a batch to submit for commissioners' approval. Nielsen said Monday he's asked for a surplus declaration about three times in his eight years in office.

Sheriff's department policy allows retiring dogs to go with their handlers and logs them in the next surplus list after the fact because dogs need continuous care.

"You can't just stick them on a shelf in the basement waiting to be declared surplus," Robert Clutter, attorney for the commissioners, said. "They are sensitive beings."

"The Boone County Sheriff's office has followed a transfer of ownership procedure since 2014 when its first canine retired," Nielsen said in a written statement. "It has always been our practice to transfer ownership, not 'gifting' of a K9 partner, to a handler once the K9 or the handler retires. Research shows that it is in the best interest of the K9 and the handler. This procedure has previously been approved by the Boone County Commissioners."

Boone County Councilman Aaron Williams in late April claimed Nielsen committed gross misconduct and intentionally misappropriated county property when he "gifted" K9 Arco to its handler, Taylor Nielsen, when she left the department more than a year ago. Taylor is the sheriff's daughter.

K9 Brik also retired after his partner, the late Deputy Jacob Pickett, died in the line of duty four years ago. Brik also was not officially declared surplus until Monday, although he's lived since Pickett's death with his family. Williams' complaint made no mention of Brik.

Williams also claimed commissioners should have asked Nielsen to account for the missing dog. Williams asked Boone County Prosecutor Kent Eastwood to investigate.

Nielsen said Monday he was recently interviewed by an Indiana State Police investigator working with a special prosecutor and that he's eager to help investigators so the matter can be put to rest. "I look forward to getting it resolved," Nielsen said.

Eastwood in May sought a special prosecutor to review "procedures and handling of the disposition of a retired K9 unit by the Boone County Sheriff's Office."

"... This office sought to do a preliminary review of the matter," Eastwood said in a written statement. "However, it became evident that any decision made by this office would be coopted and used in a political context which would not be fair to the Boone County Sheriff's Office, Sheriff Michael Nielsen, the Boone County Commissioners, or the citizens of Boone County."

Williams made his claim days before the primary election.

"For this reason, a special prosecutor was sought to review this matter and take any action that was deemed appropriate," Eastwood wrote. "The mere fact that a special prosecutor was sought in this matter should in no way imply any wrongdoing by any individual/organization. On May 13, 2002, Judge (Lori) Schein appointed Senior Prosecutor David Owen Thomas to be special prosecutor."

Thomas was the Clay County prosecutor for 10 years. Before that, he served as the state's first inspector general, having been appointed by then Gov. Mitch Daniels.

Three additional police dogs expected to leave the department in coming months also appear on the surplus list for various reasons, and Nielsen received pre-approval to send them with their handlers.

But preapproval may no longer be necessary, as the resolution also states, "... The Boone County Sheriff may, in his discretion, retire a K9 unit and provide it to its handler and/or their families without further resolution or intervention by the board of commissioners."

Boone County Commissioners Jeff Wolfe, Don Lawson and Tom Santelli unanimously approved the resolution.