Sheriff broke no law in handling of dog

Maria Flora, The Lebanon Reporter, Ind.
·3 min read
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Dec. 15—A special prosecutor has cleared Boone County Sheriff Mike Nielsen of criminal conduct after another county official accused him of improperly releasing a former police dog to its handler.

It was determined that Nielsen followed procedures already established for dogs who leave the department.

Boone County Councilman Aaron Williams in April said Nielsen intentionally misappropriated county property when he "gifted" a police K-9 to its handler when she left the department. And, Williams claimed, Boone County Commissioners, who oversee county assets, did not ask Nielsen to account for the dog leaving the county.

Williams asked Boone County Prosecutor Kent Eastwood to investigate. Eastwood asked Indiana Special Prosecutor David O. Thomas to review "procedures and handling of the disposition of a retired K9 unit by the Boone County Sheriff's Office." Indiana State Police handled the investigation and reported to Thomas.

Thomas found that Nielsen broke no law and criminal prosecution would be improper, he said in his report this week to Boone Circuit Court.

"The Boone County Sheriff's office has followed a transfer of ownership procedure since 2014 when its first canine retired," Nielsen said in April. "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," Nielsen continued. "This is the same procedure used for the transfer of K9 Brik to Deputy (Jacob) Pickett's wife and children after his murder in the line of duty."

Williams' complaint made no mention of Brik, but focused on K9 Arco, who was handled by former Deputy Taylor Nielsen, the sheriff's daughter. Taylor voluntarily left the department 18 months before the complaint and moved out of state with Arco.

Thomas' reported noted: "These procedures are documented. Although this had been the past practice, interest in this case was heightened by the dog handler being the sheriff's daughter through a complaint made by a county council member."

Nielsen's office listed Arco and Brik among other property declared as surplus to the Boone County Commissioners in June.

County office holders may sell, trade, or dispose of surplus equipment in accordance with Indiana law. From June's list, guns were traded, cars sold, and two dogs went home with their handler or handler's family. The sheriff's office keeps unwanted equipment in the jail basement until commissioners approve its disposal, but dogs can't be left on a shelf and go home with their handlers to await an official disposition, Robert Clutter, attorney for the commissioners, said in June.

Even if a local official broke a rule regarding property disposition, it would not be a criminal offense and would be remedied through an audit, an election, or petitioning the legislature to change a law, Thomas wrote in his report.

Williams' claim came just days before the primary election in May.

Nielsen did not run for re-election because of term limits and will be replaced in January by Sheriff-Elect Tony Harris.

Williams won the Republican nod in May and in November won re-election for the council seat to which he was appointed in April 2021.