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Thursday, October 10, 2019 1:00 am

Gladieux filing would avoid court appearance

MATTHEW LEBLANC | The Journal Gazette

Allen County Sheriff David Gladieux would avoid appearing in court on a misdemeanor battery charge if a judge approves an agreement filed Wednesday by his lawyer and a special prosecutor. 

Gladieux was charged in September, after a 15-year-old volunteer at the Three Rivers Festival told police in July the sheriff pushed him to the ground. 

A stipulation for waiver of initial hearing filed in Allen Superior Court would allow the case to move forward without Gladieux making a court appearance. The 11/2-page document is signed by defense attorney Anthony Churchward and Special Prosecutor Rodney Cummings. 

Whitley Superior Court Judge Douglas Fahl was assigned to the case Sept. 24 and will consider the measure, which judges can allow if the defendant is not in custody and a waiver is filed with the court. 

The boy told police he was working July 16 in the hospitality/VIP area of the festival at Headwaters Park. Around 10:30 p.m. he said he saw two men walking back to an area that housed portable restrooms – an area that previously had been closed, according to court documents.

Gladieux was asked by the boy for his VIP pass to the area, and the sheriff responded, “I'm the sheriff, move out of my way,” the documents allege. 

The boy was pushed to the ground and landed on a metal stake supporting a tent, he told investigators. 

Gladieux has not admitted guilt and entered into a pretrial diversion agreement that calls for him to be fined $334 and complete alcohol treatment and anger management programs. The charge will be dismissed in a year if he completes the terms of the agreement.

The sheriff told investigators he used an upward sweeping motion to move the boy's hands from his chest, and the boy fell backward. Gladieux said he “failed to conduct myself in a manner fitting my office” in a statement released last month. 

mleblanc@jg.net