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Last updated on Thursday, February 14, 2013
(LYONS) - Lyons Town Marshal Ron Sparks who was arrested Friday on two criminal remains on the job until the town council has a chance to conduct an executive session and a public meeting tonight.
Nick Schneider of the Greene County Daily World reports that the executive session will be held at 5:30 p.m. in the Lyons Community Building and is not open to the public.
A special session will follow at 6 p.m. to conduct a hearing to consider taking action pertaining to the employment status of Marshal Sparks. The special session is open to the public.
Forty-year-old Sparks, of Lyons, turned himself in at the Greene County Jail in Bloomfield shortly before 5 p.m. on Friday.
Special deputy Jeremy Hamilton booked him in using standard procedures.
A warrant for his arrest had been approved earlier by Superior Court Judge Dena Martin on a felony charge of criminal confinement and misdemeanor charge of battery.
Sparks, who has been employed by the town of Lyons since 2004, posted $450 cash bond and was released from jail.
Judge Martin issued a no-contact protective order between Sparks and the alleged victim. No initial hearing has been scheduled by the court to formally charge Sparks.
Lyons Town Council President Scott Powers said, "The only thing I have to say is we have an executive session and a special meeting scheduled for this week to meet with our town attorney. ... We haven't made any decisions at this point."
Powers added, "He is still on the job. We will meet in an executive session and a special meeting with our town attorney this week. Until that happens, I really don't have any comments. After that meeting we will probably know more."
Lyons Town Attorney Luke Rudisell says the town doesn't have any options until the council meets.
Rudisell confirmed that Sparks remains on the town's payroll as its marshal.
"We don't have a choice. We have to give him notice (of any employment action) and any action to suspend him or place him on administrative leave, anything has to be done in a public meeting," the attorney added.
The charges stem from an alleged Nov. 2, 2012 incident at the residence of a female in Lyons, according to a probable cause affidavit prepared by Indiana State Police Det. Brian Smith, who is assigned to the Bloomington Post. Indiana State Police Trooper Richard Klun was the reporting officer on the scene and conducted preliminary interviews of Sparks and the victim.
According to Trooper Klun's report there had been an altercation at the residence, which turned physical.
Det. Smith noted that Sparks and the victim had both been consuming alcoholic beverages and engaged in an altercation.
According to court records, Trooper Klun administered portable breath tests to both parties. Sparks registered .158 percent -- nearly twice the legal limit in the state of Indiana for intoxication of .08 percent. The victim's BAC was .032 percent.
"During the altercation, which occurred before the trooper arrived, Sparks grabbed the (victim's) arm and dragged her across the floor, according to (the victim), later held her to the floor by pressing his forearm against her neck," Smith wrote. "Trooper Klun also interviewed Sparks and confronted him with (the victim's) allegations. Spark's did not deny the allegations, but rather stated he did not remember what happened."
Smith also noted in the affidavit, "At some point the victim was successful in standing up, but was not permitted to leave the residence. (The victim) was so intimidated by this act; she called 911 to report the confinement."
Det. Smith stated in the probable cause affidavit that he followed up with his own inquiry and conducted an interview of the victim on Nov. 7, 2012.
"She confirmed that Sparks had not permitted her to leave the residence and that she had been dragged across the floor by Sparks," Smith wrote in the probable cause affidavit.
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