Owen County Commissioner Dale Dubois will have to face the corruption charges filed against him.
Special Judge Valeri Haughton on Thursday denied Dubois’ motion to have his official misconduct, conflict of interest and misdemeanor theft charges dropped. She also denied his request to have some evidence in the case suppressed.
Dubois was charged last November after an Indiana State Police investigation found he had allegedly ordered county employees to repair a road for his personal advantage. Dubois has denied any misconduct.
In April, Dubois’ attorney filed a motion to dismiss the case against him, on the grounds the state did not have probable cause to investigate Dubois in the first place. The motion continued, saying if the charges weren’t dropped, evidence from a police interview with Dubois should be suppressed because he had not been read his Miranda rights prior to the conversation.
Haughton denied the initial motion on grounds there was probable cause to investigate Dubois.
She also denied the request to suppress the conversation with police because it was not a custodial interrogation – he was free to leave at any point. When Dubois was informed of the accusations against him, he requested to speak with police. Because Dubois initiated the conversation and was not taken into custody or placed under arrest, there was no reason for police to Mirandize him.
A jury trial is set for Aug. 29.