Filed: 3/5/2024 10:48 AM

Clerk
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ISP CASE NUMBER 23ISPC010364

Search Warrant 44

PROBABLE CAUSE AFFIDAVIT

LIST OF PROPERTY, OBJECTS, THINGS, INFORMATION OR

PERSONS SEIZED OR PRODUCED AFFIDAVIT

STATE or INDIANA I IN THE CLARK

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COUNTY OF CLARK l l l l

INTHE MATTER OF CAUSE NUMBER:

A REQUEST FOR THE
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ISSUANCE OF A )
SEARCH WARRANT )

Lieutenant Jeffrey C. Hearon, of the Indiana State Police Department, swears or affinns that he
believes and has probable cause to believe that certain property, hereinafter described is
concealed in, or upon, the following described property, to wit:

14150 West Corporation Street Deputy Indiana 47230

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The property to be seized or documented, which constitutes unlawfully obtained property,

contraband,.property used or possessed with the intent to use in the commission or concealment
of an offense of comipt business practices, gllost employment, official misconduct, theft, and tax
evasion, is described as follows:

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Any and all United States Government Surplus Property belonging to the Clark County
Sheriff's Department including but not limited to military and civilian shipping containers,
surplus military forklift, Jeffersonville Powder Plant Plymouth Train, and surplus property
contained inside the various shipping containers.

STATEMENT OF PROBABLE CAUSE

Affignt's Egperience:

I, Indiana State Police Lieutenant Jeffrey C. Hearon, being a duly sworn peace officer for the
State of Indiana, have been employed by the Indiana State Police for 35 years.

Your affiant, Jeffrey C. Hearon, a law enforcement officer with the Indiana State Police, being
duly sworn, swears and affirms under penalties for perjury that the following statements are true
and accurate to the best of my knowledge:

l am a police officer with the Indiana State Police. I have been a police officer with the Indiana
State Police since 11/13/1988. I am a "law enforcement officer" as that term is defined in 1nd.
Code 3S-31.5-2-185.

Iam currently assigned as a Lieutenant to the Area V Field Investigations of the Indiana State
Police. In connection with my official duties, I am involved in investigations relating to violations
of the Indiana Criminal Code.

I have received training relating to the enforcement of the Indiana Criminal Code, including the
following:
A. My initial training at the Indiana Law Enforcement Academy in 1988. I
have satisfied the minimum basic training requirements established by rules adopted by the
law enforcement training board under l.C. 5-2-1-9 and described in I.C. 35-37-4
B. I have attended numerous additional trainings; see attached transcripts.

As a result of my training and experience, I am familiar with the techniques and methods of
operation used by individuals involved in criminal activity conceal their activities from
to
detection.

Investigation:

In support of affiant's assertion of Probable Cause. the following facts are known to affiant. to
wit:

On June 13, 2023, I was assigned a criminal investigation after current Clark County Sheriff
Scott Maples reported several criminal allegations of Official Misconduct against former Clark
County Sheriff Jamey Noel. Jamey Noel was the Clark County Sheriff from January 1, 2015,
through December 31, 2022.

Iwas directed to contact Colonel Mark Grube for specific allegations and witness information.
On June 22, 2023, I contacted Colonel Grube, and he advised there were several allegations,
some of which were as follows:

o
Jamey Noel assigned four of the Clark County Jail Maintenance employees to work on
his rental property, private business buildings (New Chapel EMS and Utica Township
Volunteer Fire Fighters Association), pole bam, cars, and private residence while being
on duty and being paid as Clark County employees.
o
Jamey Noel sold county vehicles and equipment, at a discount price, to employees who
worked on his personal vehicles, property, and non-profit businesses.
o
Jamey Noel, as sheriff, received millions of dollars in military surplus equipment and he
and Kennetli Hughbanks acquired some of this property for their personal use.

Colonel Grube identified additional allegations, against former Clark County Jail
Employee/Scott County Sheriff Kenneth Hughbanks. According to Colonel Grube, Kenneth
Hughbanks was hired as a full time Clark County Corrections Officer on November 28, 2004,
and was moved to the maintenance section in 2006. He resigned on February 13, 2015, to take a
job in the private sector. He was rehired on October 10, 2016, where he worked at the Clark
County Sheriff's Office Informatiori Technology Section.

On April 1, 2018, Kenneth Hughbanks was appointed to fill the remainder of Scott County
Sheriff's, Dan McClain, terrn because Sheriff McClain was appointed US Marshal of the
Southern District of Indiana. Colonel Grube conjectured the appointment of a Non-Indiana Law
Enforcement Academy certified graduate to sheriff was a result of Jamey' Noel's vast political
influence as the Republican Committee Chairman of the Indiana 9'" District and a reward for the
various favors Hughbanks performed for Sheriff Noel.

After eight months as Scott County Sheriff, Kenneth Hughbanks did not run in the 2018 general
election and returned to the Clark County Sheriff's Office, where he was appointed a Major and
given the title of Clark County Sheriff's Operations Corrections Commander until he resigned on
December 9, 2019. Although Hughbanks resigned, he remained at the sheriff's office and was
paid as a consultant via Hughbanks Enterprises LLC.

A joint Indiana State Police, Indiana State Board of Accounts, and Indiana Department of
Revenue investigation determined Kenneth Hughbanks' consultant fees were paid out of the
Clark County Sheriff's Office Commissary Fund directly by Jamey Noel. A review of the
commissary payment history revealed Hughbanks, or his various related businesses entities, were
paid approximately $280,067.35 from March 2015 to December 2022. Many of the invoices
submitted by Hughbanks indicated a lack of description of services rendered. A few had
notations indicating payments for insurance, aviation insurance, electrical services, and auction
consulting services.

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An interview of Diane M. Shahroudi, Clark County Sheriff' s Administrative Assistant, was
conducted and revealed she attempted to give Kenneth Hughbanks a tax forrn 1099 but
Hughbanks refused to accept it. According to Ms. Shahroudi, Kennett] Hughbanks protested and
stated if she provided him with a 1099, he would be required to pay taxes. Ms. Shahroudi then
went to Sheriff Noel and explained the situation, but Sheriff Noel instructed her to not provide
Hughbanks with the tax documents.

During this investigation I interviewed Jamey Noel's first term Colonel, Jeffrey Groh. Mr. Groh
advised he was a retired ATF Agent and after retirement he was asked to be Jamey Noel's third
in charge at the Clark County Sheriffs Office. Mr. Groh explained he was Colonel from January
1, 2015, to December 31, 2018. Groh described Jamey Noel as a very secretive person and
relayed an incident where he traveled to a warehouse on the River Ridge Redevelopment
property leased by the sheriff's office. Groh explained he entered the warehouse and was
astonished to find it full of military' tools and equipment. Groh then went to speak with Sheriff
Noel. Groh advised he questioned Sheriff Noel why a sheriff's office needed multiple forklifts,
generators, saws, and vast amounts of hand tools. The sheriff responded by telling Groh the
property was free from the government and after various retention periods it could be sold, and
the money would go to the agency. Groh insisted in a fiill inventory of all surplus property, and
he was told by Sheriff Noel that Kennetlt Hughbanks would take care of the documentation.
Colonel Groh returned to the warehouse at a later date and was denied access by Kenneth
Hughbanks. According to Mr. Groh, he was never allowed entry to the warehouse despite his
repeated requests. l-le additionally advised Kennetlt Hughbanks was placed in charge of selling
the property at auction. The warehouse was later demolished by the River Ridge Redevelopment
Authority and the property moved.

According to Rodney Whobrey, in July 2019, Jamey Noel contacted him and advised the
Department of Homeland Security was giving away shipping containers to government entities.
Sheriff Noel instructed Whobrey to use the Clark County Sheriffs Office truck and trailer and
transport a number of these containers to the sheriff's office and to several of Jamey
Noel's/Utica Township Volunteer Fire Fighters Association fire stations. Mr. Whobrey provided
several time stamped photographs of the shipping containers. Mr. Whobrey advised several of
the shipping containers were taken to the Clark County Training Center and filled with surplus
government property. Additionally, Mr. Whobrey advised that when the Clark County Sheriff's
Department rented a River Ridge Warehouse there were several Plymouth Trains at the facility.
He explained that Jamey Noel and Kenny Hughbariks told him they each purchased one from a
subsequent auction, but Mr. Whobrey could not advise if Jamey Noel or Kenny Hughbanks paid
for the trains. Below is a picture of Rodney Whobrey moving a train from the River Ridge to the
Clark County Training Facility.

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Rodney Whobrey advised in the late fall of 2022, as Sheriff Noel's teml was ending, an
employee of Clark County Jail Employee, John Kinimick, transported the shipping containers
from the training center to an unknown location. On October- 13, 2023, I called John Kimmick
and requested to speak with him regarding the transport and disposition of the shipping
containers and the surplus property inside. Mr. Kimmick indicated the containers and surplus
property was given to him by Kenneth Hughbanks and he refused to provide any further
information.

On October 23, 2023, I located a I-Ieil Auction Advertisement which indicated several surplus
military items were being sold by Mira Coombes with assistance from John Kimmick. The
auctioneer, Steve Heil, was contacted and provided pictures of four items which had serial
numbers still attached. Three (3) out of the four (4) items, a generator and two air compressors,
matched the Clark County Sherif1' s Office (CCSO) Surplus Property Inventory. It appears the
CCSO received the two compressors around February 2014. When they received them, they
were valued at approximately $5,553 eacli. Tlte Generator (NSN 61 15004651030) was shipped
to the CCSO on 3/18/2015 and was valued at approximately $13,635.00. l confirnied the above
information with Steve Heil. Mr. Heil advised the auction was held for Mira Coombes and Mrs.
Coombes advised her late husband purchased the compressors and generator at an auction.
On November 15, 2023, l spoke with Resident Agent in Charge, Jared Camper, Defense
Criminal Investigative Service. Agent Camper advised that the Clark County Sheriff's Office
received in excess of seven (7) million dollars in surplus military property from January l, 2015,
to December 31, 2022. I obtained a list of the property and requested assistance investigating,
accounting for and tracking the surplus property. A review of the surplus property listed
indicated several forklifts were given to the Clark County Sheriff's Office.

On November 29, 2023, I obtained and executed a searclr warrant on John Kimmick's property,
4125 East Plymouth Road, Sellersburg, Indiana. Two tart metal surplus military storage
containers and a green aircrafi mechanic surplus toolbox were found and seized. Mr. Kimmick
advised they were given to him by Kenny I-Iughbanks and admitted they belonged to the Clark
County Sheriff's Office.

On February 21, 2024, l interviewed Kevin Wilkerson, Chief Mechanic of Utica Township Fire
Department dba New Chapel Fire Incorporated. Mr. Wilkerson advised he overheard Kenny
Hughbanks speaking with an unknown person (possibly John Kimmick) about moving several
shipping containers from the Clark County Sheriff's Department Training Facility' to James
Bishop's property in Deputy Indiana in December 2022.

On March 3, 2024, Detective Chris Hanson and I arranged for an ISP Helicopter to fly over
James Bishops property. The shipping containers and military surplus property were not located
during the flight. However, after the flight I contacted James Bishop and questioned him if he
knew anything about the shipping containers and the surplus property. Mr. Bishop advised that
Jamey Noel and Kenny Hughbanks requested he store numerous shipping containers containing
"New Chapel Property". According to James Bishop, the storage was only to be temporary. Mr.
Bishop advised that the surplus property was located at his oil company 14150 West Corporation
Drive Deputy, Indiana.

On March 3, 2024, Detective Hanson and I traveled to Bishop's Oil Company and located
approximately twenty-six United States Government and Civilian and Military Shipping
Containers, a Surplus Forklift, and a Surplus Jeffersonville' POwder Plant Plymouth Train.
Several of the containers were open and appeared to contain surplus property inside.

Conclusion:

I am currently investigating a ghost employment, tax evasion, theft, corrupt business practices
and official misconduct case involving Former Clark County Sheriff and current Utica Volunteer
Fire Fighters Association, Chief Jamey Noel and his associate, Kermeth Hughbanks. I anticipate
providing the special prosecutor with additional information for potential additional charges as
the State Board of Accounts and the Indiana Department of Revenue complete their audits and
investigations.

The facts set forth in this affidavit are based upon my own personal observations, my training
and experience, and information obtained during this investigation, along with my mapping and
analysis of the data. Therefore, based on the above facts, I have probable cause to believe, and do
believe, that evidence of the commissions of felonies, in violation(s) of Indiana Code 35-44.1-1-

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3 Ghost Employment, 35-43-4-2 Theft, 35-44.1-2-2 Obstruction of Justice, 35-45-6-2 Corrupt
Business Influence, 35-44.|-1-l Official Misconduct. and 6-3-6-1 1 Tax evasion by knowingly
filing false Indiana income tax returns, Form lT-40 and failing to allow a Revenue Agent to
exam business records and property related to the commission of said felonies.

l declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and belief.

All of the above events occurred in Clark County, Indiana.

Iswear (affirm), under penalty of perjury as specified by IC 35-44-2-1, that the foregoing
representations are true.

DATED: March 4, 2024 /s/ Lieutenant Jeffrey C. Hearon PE 5201

AF FIANT