2026 Voter Guide: Marion County Prosecutor

Samantha Horton: I'm joined by Philip Foust, the Republican candidate running for Marion County Prosecutor. Philip, thanks for joining me.

Philip Foust: Thanks, Samantha. Delighted to be here.

Horton: Just to start off, could you just talk about why you decided to run for this position?

Foust: Yeah. So I grew up in Marion County, Pike Township, went to IUPUI, worked at our state school for the blind before eventually coming back after law school to work at the prosecutor's office.

And I'm running because Indianapolis is my home. We're raising our three young children in Speedway. I met my wife in the prosecutor's office, and I'm, I'm bullish on the city overall. I think we have world class potential, you know, beautiful architecture, great entrepreneurial spirit, wonderful natural resources, but in my view, all that potential is being squandered by soft on crime policies.

And so I'm running to return an office that I care deeply about back to its core mission of enforcing the law, seeking justice for victims, and protecting the public.

And specifically, in the first 100 days, my hope is that we will, once I'm elected, have a group of experienced prosecutors identify those repeat offenders who are committing a disproportionate amount of our crime, and then we're going to make sure that we're aggressively prosecuting them, that we have all the appropriate charges, as well as sentencing enhancements that can protect the public.

Horton: You've touched on a little bit already, but could you just talk about what you feel is the biggest issue in the prosecutor's office here in Marion County?

Foust: Yeah, I think that the, the single biggest issue that we're facing in Marion County right now is juvenile crime. If you want to see the future of our city, the best indicator we have, look at the crimes being committed by our teenagers today, and that's a five-alarm fire.

We have moved from, used to be teenagers would steal cars and we'd have some joyrides, a bad problem, to carjackings, high-speed police chases, shootouts with police, teenagers killing, and teenagers being killed. And it doesn't do anyone any good to stick our heads in the sand on this issue.

We have to face it clearly head on, and what these teenagers need is they need clear standards and real accountability. And unfortunately, they're not getting that right now. For many of our teenagers, the juvenile justice system is a complete joke, and we have been teaching them that there are no consequences for their actions, which is a lie because one way or another, ultimately, there are consequences, and oftentimes they're deadly.

Horton: And you touched on this was going to be your next question was about youth gun violence here in the city, and just talk a little bit about you know, I know there have been some efforts to try to you know hold parents accountable, or with and also with curfews. I guess could you talk a little about what you see working and what you see not working and needs to improve?

Foust: Right. I wish that I could say that there was some new law that would fix this on the parent accountability side, but we're really working around the periphery there. I'm all for truancy laws. I'm for enhancing the curfew. But if we're going to be honest with ourselves, the problem that we're facing now has escalated.

Ten to 15 years ago, we were worried about single parent households and the effect that that had on juveniles and their propensity for crime. I was raised in a single parent household. There are real consequences to that, and our concerns are only heightened by the fact that we really have a generation now of kids who have no parents, either through drug abuse or involvement in the criminal justice system.

An entire generation has largely checked out, and those kids are lucky if they're being raised by an older sister, or an aunt or a grandma. Dealing with this around the edges in terms of curfews and whatnot, I'm all for all those tools, but that's not going to solve the problem, unfortunately.

What we have to do, what we have to realize, is that despite all these significant hurdles that a large amount of our teenagers are facing, we're not doing them any favors by a system with a prosecutor's stamp of approval, in my opinion, that has been treated, pity as a policy rather than holding them accountable for their actions. And I've seen the flip side at the blind school.

I've seen that the best chance that we had for kids who, admittedly, came from tough backgrounds, had every reason to shake their fist at the universe, that their best chances of success was when we held them to as high standards as they could physically meet.

When we told them we expect more from you. And instead, in the juvenile system, I see the exact opposite. Unfortunately, when I sat in courtrooms there, where we taught teenagers that they were the victims of society, that their actions didn't have consequences, and that's just a recipe for more victims, in my opinion.

Horton: I know another issue that's come up with this is how do you plan to enforce a new state law that makes camping outside on public property a Class C misdemeanor.

Foust: Right. Well, I appreciate the thought that went behind this law because no one here is looking for a enforcement-punishment-first approach, right? The entire approach behind this is that we need a reason, we need a legal standing to be able to go ahead and intervene in these situations.

And it's always a treatment-first approach when we're talking about this. But what we have to recognize is that there's a reason behind this, right? Things have gotten way out of hand post-COVID. And we have not been able to steady the ship when it comes to homelessness, mental health, drug addiction, and how all that mixes together. And when you have instances where a man is stomping on two other homeless people's heads and killing them, we're no longer just in a treatment situation, right?

We've, we've let it get to the point where homeless people are not safe on the streets as well. And so it's not mercy, in my opinion, to, to take a complete hands-off approach to sleeping on public property. We, we, we have to, we owe it to those people, we owe it to the public, to restore some basic safety in those areas.

Horton: And I also know Flock cameras have come under scrutiny recently. And how important are they, in your opinion, to the office when it comes to building cases and prosecuting? And should the city continue to have them?

Foust: Yeah, as the prosecutor, I'm gonna because the courtroom is first and foremost an exercise in finding the truth, right? So I'll utilize whatever legal evidence there is to build my cases, and if that's Flock camera evidence right now, I'll use it.

I will tell you separately. I'm not a city county counselor, but I have my own reservations about the privacy aspects that go along with that. I don't want to live in a surveillance state either.

And I think that when we do implement Flock cameras, it's incumbent upon all the policymakers involved to take a very close look at how that is restricted. You think about how long the data is held, and you think about making sure that there are access logs that are clear, so that we deter people from misusing that information.

So, as the prosecutor, I'm going to use whatever evidence is available to me. If I were a city county councilor, I'd have a lot of reservations about how that program needs to be at least restrained — if we're going to have it.

Horton: And I know in 2019, your opponent said he would no longer charge someone found in possession of one ounce or less of marijuana. I guess where do you stand on this, that decision, and why?

Foust: Yeah, I think it's a very politically savvy move and an incredibly cynical one. There is something particularly corrosive about the chief law enforcement officer in a county saying, "I'm going to take the authority upon myself to strike out laws that have been enacted by the democratically elected representative bodies and the governor."

I also want to lay the baseline here, because I was here in that office before he had that policy, no one was going to prison for an ounce of marijuana, to begin with. Everything about that was a treatment first approach. On top of your regular diversions, we had what we called PL 340s, right? And this is a court enabled diversion program on top of that.

And even if you then made it through all that, and somehow you ended up having to have a conviction, you know these were prime candidates for expungements, and there was nothing about the system at that point that was driving people towards a punitive aspect when it came to one ounce of marijuana. It was all about treatment and getting someone's life back on track.

And I will tell you, I sat in courtroom after courtroom where I became convinced that this drug does have more of a hold on people than a lot of the advocates for legalization are willing to admit.

So many times, all you needed to do to just have a much easier life, right? To get the diversion, to get your felony turned into a misdemeanor, to get off probation and stop being hassled, right? All you had to do was test negative, and I saw defendant after defendant who couldn't do that.

And that tells me, I know that the current scientific consensus is, is it's not addictive in a chemically dependent sort of way, but this drug obviously has a real hold on people's lives in some way. If you couldn't just, for a short period of time, test negative to get out of the, out of the criminal justice system.

So people of good faith I think can differ on whether or not it should be legalized, or not. That's obviously a decision that needs to be made at the Statehouse. But people should have an honest conversation about the negative impact it does have on people's lives in the community as well.

But at the end of the day, it's the prosecutor's job to enforce the law, not to pass it or unpass it.

Horton: Thank you, Philip. And that was Philip Foust, the Republican candidate running for Marion County Prosecutor, thanks for talking with me today.

Foust: Thanks, Samantha.

Samantha Horton: I'm joined by Marion County Prosecutor Ryan Mears, who is running for re-election. Mears has served as prosecutor since October 2019. Thanks for joining me.

Ryan Mears: Thanks for having me. I appreciate the opportunity.

Horton: I just want to first ask, why are you running for re-election?

Mears: Well, I've worked in the prosecutor's office my entire career. I've been there for the last 20 years, and I love the job and I love the mission of the office. I feel like I'm in a unique position because every day when I come to work, my goal is number one to do the right thing.

And number two, how can I try to help people, and how can I make a difference in my community? And so that's a tremendous responsibility, but it's also a tremendous opportunity to have a positive impact on this community, which I grew up in, and where I now live, and where I raised my kids.

And so I just want to continue the mission and the work of the prosecutor's office.

Horton: And what do you feel is the biggest issue for the prosecutor's office right now?

Mears: I mean, I think there's always that balance between what you kind of see in the headlines, which is you know making sure that we are mounting successful prosecutions as it relates to violent crime.

And we've had some of our best years in terms of our level of success on, on homicide trials and in homicide cases. But then the, the other part of that is you're also being pulled in the direction of, what can you do to try to help solve problems.

A lot of individuals that we deal with in the criminal justice system have issues that are related to addiction, to mental health issues, and one of the biggest challenges we face now is people who are unhoused.

And so, how can we use the criminal justice system, as this intervention point, to hopefully provide solutions to individuals where, if we address that root cause problem, hopefully we won't see them come back into the criminal justice system again.

Horton: And one of the things I know is youth gun violence in Marion County has continued to draw attention from state and local leaders, and so what do you see as a path to reducing youth violence here in the city?

Mears: Well, I think we need a two-pronged approach. But the first part of this is we have to be honest about the policy choices the Indiana legislature has made. If you encourage everybody to walk around with a gun, it shouldn't be a surprise to anyone that sometimes those guns are going to end up in the hands of kids.

And it's never been easier for kids to have access to firearms. And this is a direct result of permitless carry and the decision the legislature made to basically decriminalize the possession of handguns. You see guns everywhere now, and because you see guns everywhere now, those guns have now ended up in the hands of kids.

And so we have to be honest about the policy implications and the choices that the legislature made and the impact that's having on our community, and in particular the impact that's having on young people.

I think the second part of it is, we have to continue to be proactive. How do you reach kids? How do you engage with kids? And for us, it's really about, what can we do to try to help build responsible leaders? You know, kids are very… as much as I'd like to think kids are paying attention to what I'm saying, what they're truly influenced by is their peer peer group.

And so, how can we make sure we're building good kids to be good leaders in their neighborhood, on their block, on their team, in their school? To get kids going in the right direction, to turn away from gun violence, and not letting these simple confrontations result in someone losing their life. And so I think it's proactive about building up kids to, to be good leaders.

I think it's educating them about the dangers of social media. A lot of what we see in terms of gun violence that occurs in our community, in particular related to young people, originates with online beefs. And so giving kids the strength and courage to turn away from those sorts of communications and understand that it's not the end of the world if someone says something bad about you on the internet.

And it doesn't need to result in a real-life consequence. Because, too oftentimes, we see kids seriously injured or being faced with incredibly serious criminal charges because of something that happened based on what someone said on the internet.

Horton: And I know you talked about the Statehouse a little bit. I know this past session, state lawmakers passed a law that makes camping outside on public property a Class C misdemeanor. How do you see yourself as prosecutor enforcing that?

Mears: To me, like we need to find real solutions to our housing problem, and criminalizing poor people doesn't give them a house and doesn't provide a real solution to the issue.

And so let's have a serious conversation and a serious discussion about what we actually need to do, which is we need to find housing opportunities for these individuals. And the city needs to do a better job of it as well.

I mean, this is not something where we just need to point our finger at the Statehouse. Collectively, us in the city, we need to do a better job of making sure that there are more housing units available. That we're doing more on the, the side of affordable housing.

And, you know, for me in the criminal justice system, when we have these intervention points with people where we see them in the courtroom, how can we provide a more meaningful and sustainable pathway where we can get people housed? Putting someone in the Marion County Jail for 10 days, 20 days, or even 30 days, which is the maximum penalty, doesn't solve the problem. When that person gets out of the jail, they're still going to be unhoused.

And, and so we haven't actually solved the problem. We've just hidden the problem. And those are the types of things that we need to get away with. We need to make sure that we have a comprehensive plan that actually addresses the issue of housing, and I think, that's one of the most, just one of the biggest, challenges that we face in our community right now.

Horton: I know something that's coming up too right now is about Flock cameras, and I know Flock cameras are used by the prosecutor's office to gather evidence and you know press charges. So I guess could you talk about at the same time when people are pushing against cities having Flock cameras, where do you stand on their use and the city's partnership with Flock.

Mears: Well, Flock cameras have solved a number of crimes. And in particular, when you look at crimes that occur on the interstate, in particular, a lot of our interstate road rage shootings, we've been able to solve those cases because of Flock cameras.

There've been a number of homicide cases that we've been able to solve because we've had the Flock cameras. That being said, this is a really delicate issue because it's very important that we balance the privacy interests that all of us have and should expect when we live in this community.

And I can tell you that there are a number of situations where we have seen law enforcement abuse their, that tool of Flock cameras. And I think you're going to see more and more stories coming out as people do a more comprehensive review of who's actually running those license plate numbers and what people are actually looking for. We are going to see a pretty consistent pattern of abuse as it relates to how those cameras are being utilized.

And and so, you know, I think there needs to be a conversation about, not only stricter guardrails, but what is actually the role of Flock cameras moving forward. Certainly, I think they, I mean, I can point to many cases where they've helped us solve crimes, but at the same time, we have to balance that against the privacy interests that we all have, and we also don't want to be in a police state where there's 24-hour surveillance everywhere.

And you know I think one of the things that we've seen with the introduction of these cameras, the appropriate guardrails were not in place, and that this, those types of cameras have been abused. They've been used in ways that people have used to, to kind of gain leverage in personal situations that have nothing related to law enforcement.

And it infringes on people's rights and infringes on people's expectation of privacy. And so there needs to be a really long and solid, or really you know, difficult conversation about what should the role of Flock cameras be. But I don't think there's any question that we need significantly more guardrails in place.

I think there needs to be a more robust discussion about whether or not there's a place for Flock cameras in our city, moving forward.

Horton: I know in 2019 you said you would no longer charge someone found a possession of an ounce or less of marijuana. I guess could you talk about you know do you still stand by that decision and how do you feel going forward about that?

Mears: Absolutely, and the reason we made that decision is, number one, it disproportionately impacted people of color. If you looked at who used marijuana and who ended up in the criminal justice system, we saw this huge discrepancy.

And when you see in situations like that, I think if you're in a position of leadership, you need to stand up and try to right that wrong. I love the law. I love the equal protection clause.

And if the law needs to be applied fairly and equally to everyone, and if it's not, I think it's incumbent upon anybody in leadership to stand up and say, that's not fair, and we need to make changes. And that's what we did with the possession of marijuana.

Horton: And you're running for a re-election a second time, if I understand correctly. And so, what do you believe has been your biggest accomplishment, and what do you feel is something you've not been able to accomplish that you wish you can?

Mears: So I think the, the two things that stand up is, over the over the last couple of years, we've had our highest conviction rates as it relates to homicide cases. We've been over 90% as, as it relates to our numbers in the courtroom.

And that's important to me, because a jury trial is feedback from the community. It's people from the community who are sitting on those trials, and they're letting you know did you make your burden or not.

And, and so I think that's a really good barometer of what we're taking to trial and really where the community thinks what kind of job we're doing, as it relates to homicide cases.

The other great success that we've had is our second chance fairs have been incredibly successful in terms of helping, getting people back into the workforce. We help people with tickets to to waive tickets to waive reinstatement fees, so people can be driving on the street legally, so they can get their license back, and we help people get prior convictions removed because it has a real impact on people's ability to get job and to find housing, and so I think those are the things that are, point to success.

I think the biggest challenge we face is housing, and it, you know, it's, it's tough as a prosecutor. You know, discipline is not just about trying to punish someone, it's about trying to solve problems.

And oftentimes, the problem that we deal with with people when they walk into that courtroom is the problem of housing. And one of the areas where we struggle is, what role can we, as the prosecutor's office, play to actually solve that problem and get individuals into housing, because we understand if we do that, we're solving a lot of that individual's problems.

It's totally unrealistic to think that someone can work on their mental health issues or their addiction issues if they're sleeping on the street every night. And it starts with being able to get someone into housing. And that's an area where I think we can improve significantly.

Horton: So, just really fast. We only have a few seconds left. I know you received criticism from state officials for not taking more action to ensure public safety. Just a quick response, maybe, you have to that criticism.

Mears: Well, it's if, if you look at our numbers as it relates to the homicide trials, we've never been more successful in the courtroom. And if you look at violent crime in the city of Indianapolis, it's continued to decrease. Right now, we're on pace to have some of the lowest homicide numbers that we've had in the last 20 years, which I think is a reflection of not only our partnership with law enforcement but with the community as a whole.

And I think the other part of it is, when you're the Marion County prosecutor, you have jurisdiction over everybody, and I think that makes people uncomfortable. And a lot of times, a lot of state policy originates out of the Statehouse, and certainly we've played a role in making sure that we voiced our belief about what direction this, this state and this city needs to go. And sometimes that's at odds with the direction that the Indiana legislature wants to go.

I think one of the, the, the largest examples of that, or the biggest example of that, is the issue of choice and a woman's right to choose. And we've made it very clear that we don't believe the prosecutor's office should have a role in healthcare choices, and we shouldn't be criminalizing doctors and nurses.

The Indiana legislature has a vastly different perspective, and so when that sort of tension exists, I think it's only natural that there's going to be criticism from state leaders who don't agree with the direction that we're necessarily taking the prosecutor's office.

But we believe the direction that we're going is, is what the community wants and desires for the people of Indianapolis and Marion County as a whole.

Horton: Prosecutor Ryan Mears, thank you so much for your time today.

Mears: Thank you, I appreciate it.