All three Warrick County Commissioners arrested Thursday

The old Warrick County Courthouse in Boonville, which hosts the county commissioners' offices, as photographed by Courier & Press photographer Denny Simmons during a 2018 parade.
The old Warrick County Courthouse in Boonville, which hosts the county commissioners' offices, as photographed by Courier & Press photographer Denny Simmons during a 2018 parade.

EVANSVILLE — In a stunning development, a state investigation into Warrick County's tiny animal control department and a series of lawsuits have ensnared all three Warrick County Commissioners, who face charges of obstruction of justice, false informing and official misconduct.

Terry Phillippe, Dan Saylor and Robert Johnson were all arrested Thursday afternoon. The decision to formally charge the three Republicans came weeks after the Indiana State Police opened a criminal investigation into 55-year-old Danielle Barnes, who for years supervised Warrick County Animal Control in Boonville.

Phillippe also faces a perjury charge.

All three have since posted bail and have been released. They turned themselves into the Warrick County Jail at 12:30 p.m. Thursday.

In a news release sent around 4 p.m. Thursday, the commissioners said they were unaware of the "specific nature of the charges."

“The Commissioners do not believe they did anything incorrectly during this investigation, and worked diligently to address problems at Animal Control," said Anthony Long, the commissioners' attorney. "They are anxious to review the probable cause affidavit and they look forward to having light shed on this situation. Terry Phillipe, Robert Johnson and Dan Saylor are dedicated public servants who work tirelessly to improve life for citizens in Warrick County, and we look forward to and expect their complete exoneration.”

Mike Griffin, the chairman of Warrick County's Republican Party, had little to say following the commissioners' arrest.

"We don't have a comment right now, at this moment," Griffin told the Courier & Press. "There's just no comment."

The state investigation into Warrick County Animal Control, which began in December, found that Barnes conspired with two other women to orchestrate an unlawful pet adoption scheme, among other offenses. Barnes and her two co-defendants, Susan Broshears, 50, and Jamie Hubiak, 35, have all pleaded not guilty, according to court records.

A sign taped to the Warrick County Animal Control Department's shelter in Boonville Friday, Dec. 15, 2023, reads, "DO NOT ENTER. INDIANA STATE POLICE. DO NOT ENTER."
A sign taped to the Warrick County Animal Control Department's shelter in Boonville Friday, Dec. 15, 2023, reads, "DO NOT ENTER. INDIANA STATE POLICE. DO NOT ENTER."

Last week, the Warrick County Commission's attorney, Todd Glass, sent an email to the Courier & Press in which he categorically denied any allegations of wrongdoing levied against Phillipe, Saylor and Johnson.

"The commissioners have done nothing to interfere in the ISP Investigation and fully support the work they are doing in their investigation," Glass wrote in the email Feb. 1.

When asked last week why a cooperating witness told ISP detectives the commissioners could move to obtain sensitive animal control records and destroy them − allegations detailed by the ISP in a sworn affidavit − Glass had this to say:

"The commissioners strongly deny and dispute such an unsupported accusation by (the witness)," he said. There was no basis for the witness making such a report to the authorities and the commissioners certainly had no intention of taking control of anything like the witness was suggesting."

What Indiana State Police allege commissioners did

But according to a news release from ISP, the commissioners all issued statements that investigators determined were false.

First, ISP spokesman Sgt. Todd Ringle said the three commissioners claimed they had no knowledge about a local non-profit organization Barnes operated during her tenure as Warrick Animal Control's director. The state police allege Barnes comingled public funds and resources between her nonprofit, Warrick Animal Guardians, and the county.

But, according to the ISP, a criminal investigation revealed in January the commissioners accepted a donated mobile trailer courtesy of Barness' nonprofit, which is commonly referred to as "WAG."

In its release, the ISP also honed in on statements the commissioners − or the commissioners' representatives − made to Warrick County residents and local media between December and early February.

"On Feb. 1, 2024, Warrick County Commissioners released a timeline of events during a public news conference, which stated between Dec. 1-4, 2023, the commissioners received limited documentation from the health department regarding Barnes’ conduct," Ringle wrote on behalf of the ISP. "Detectives later learned the commissioners had allegedly been investigating Barnes for months."

The state's allegations against Phillippe, Saylor and Johnson extend beyond isolated problems at the county's embattled animal control department or alleged false informing.

According to investigators, the commissioners attempted to help local businesses and restaurants remain open even after failing county health inspections. The state police said the commissioners acted to flout health and sanitation regulations multiple times last year.

One such incident reportedly involved a pool and multiple restaurants.

"Warrick County Commissioners allegedly instructed the health department to open the pool and restaurants," Ringle wrote in the ISP news release. "The owners of the pool and restaurants were allegedly friends and business associates of the commissioners."

The Warrick County Health Department "ignored" the commissioners' orders to reopen, according to Ringle.

The alleged sanitation violations came as the commissioners battled with the health department and its director, Aaron Franz. The dispute garnered intense public interest in December when the three commissioners fired Franz for what they described as a failure to perform his duties.

In public statements, the commissioners repeatedly linked Barnes' alleged crimes to Franz through his oversight role at the health department. But according to the ISP, Franz served as a cooperating witness during the agency's investigation.

Franz's firing and the commissioners' decision to dismiss local health board members are now the subject of ongoing civil lawsuits. But the commissioners' alleged attempt to take control of the Warrick County Health Department and Warrick County Animal Control also became a focus of the ISP's criminal investigation.

In a bombshell revelation, the ISP on Thursday accused Phillippe, Johnson and Saylor of firing Franz in retaliation for the former health department director's cooperation with state police investigators and for his refusal to sign off on the commissioners' alleged requests to ignore failed health inspections.

The Warrick County Animal Control Department's shelter in Boonville Friday, Dec. 15, 2023.
The Warrick County Animal Control Department's shelter in Boonville Friday, Dec. 15, 2023.

Here's where the Barnes, Broshears and Hubiak cases stand

What first began in December with the ISP's investigation into Barnes and her role as Warrick County Animal Control supervisor ultimately led investigators to uncover what they described in sworn documents as a months-long scheme to funnel public money and resources through Barnes' nonprofit, Warrick Animal Guardians.

In December, Warrick County Prosecutor Michael J. Perry filed a motion to recuse himself from Barnes' case due to potential conflicts of interest. A judge responded by appointing Hurst, the Perry County Prosecutor, to oversee the Warrick Animal Control cases.

Hurst filed 10 felony charges across all three cases, with Hubiak facing the fewest:

  • Aiding, inducing or causing corrupt business influence, a Level 5 felony

  • Aiding, inducing or causing theft, a misdemeanor

  • Theft, a misdemeanor

Hubiak, who police arrested Jan. 29, is scheduled to appear in Warrick County Circuit Court on Friday for her initial hearing, public records state.

Barnes and Broshears stand charged with six offenses each:

  • Corrupt business influence, a Level 5 felony. In Broshears case, she is charged with aiding, inducing or causing that offense.

  • Two counts of official misconduct, a Level 6 felony

  • Ghost employment, a Level 6 felony

  • Two counts of misdemeanor theft. In Broshears' case, she stands accused of aiding, inducing or causing theft in addition to one count of misdemeanor theft.

Barnes, who posted bond after her December arrest, is scheduled to appear in a Warrick County courtroom Friday for her initial hearing, according to court records. In December, the ISP filed an affidavit of probable cause to support charging Barnes with additional counts of theft and possession of a legend drug.

Broshears, arrested Friday and released from jail Monday after posting a cash bond, will appear in court for an initial hearing on Feb. 26, according to her case docket.

This article originally appeared on Evansville Courier & Press: All three Warrick County Commissioners arrested in animal control case