Groups draw out-of-county suspects to Wells for arrest
By SYDNEY KENT
Bluffton has recently become a popular site for online “vigilante” groups to facilitate sting operations for potential child predators, most of whom are not from the area. Since September 2022, 10 of these arrests have taken place.
Predator Catchers Indianapolis, or PCI, is responsible for nine of the 10 arrests thus far. An additional group called Bikers Against Predators, from Goshen, successfully completed their first arrest during the 2023 Bluffton Street Fair.
Though it may bring residents peace of mind to know the city is not suddenly overrun with people attempting to prey on children, many citizens have questioned why these groups are arranging arrests in Bluffton. So far, five have taken place at Walmart.
The News-Banner reached out to Wells County Sheriff Scott Holliday to explain more about the experience of local law enforcement with online predator-catcher groups.
“Their job is to focus on finding people soliciting children,” Holliday began. “They are posing as children on these platforms and trying to catch predators. The conversation will turn sexual in nature and the group will try to meet with that person. They do this live (online). They confront the person and then call 911.”
According to Holliday, Bluffton police officers are not warned about the encounters before they occur.
“They don’t ever call us ahead of time,” Holliday emphasized. “I think it would make it worse. A lot of prosecutors won’t prosecute these cases because they believe it borders on entrapment.”
Entrapment is a defense used when an accused person alleges they would not have committed a crime had an officer not inspired or persuaded them to do so.
This was the claim of Joshua Clark, a former Portland police officer who was the subject of a sting and later found guilty by a Hendricks County jury in July of 2022. Clark filed an appeal with the Indiana Court of Appeals, who denied the claim, according to court documents.
The Indiana Supreme Court supported their decision, rejecting the argument that the group’s work amounted to police entrapment, as no evidence was found that PCI and local law enforcement worked together prior to Clark’s arrest. Clark is currently serving a six-year prison sentence for the crime.
Under Indiana law, probable cause must be determined in order for someone to be charged with a crime. Probable cause exists when an arresting officer has knowledge of the facts and circumstances that would lead a reasonable person to believe that a suspect committed a crime.
This fact is applicable across the entire state, however, each county approaches each case differently. Grant, Marion and Madison counties have all prosecuted cases from PCI. Other counties have taken a much different stance.
Howard County Prosecutor Mark McCann issued a press release in April of 2021 warning community members about conducting their own private investigations against potential predators. McCann noted that the sting operations could potentially lead to lawsuits for libel, slander and retaliation.
Diana Moers, Vanderburgh County prosecutor, posted a press release to social media on March 29 expressing the same concerns. According to court documents, this is the same day Moers filed a motion to dismiss preliminary charges against Erik W. Fischer, a 26-year-old Evansville resident who attempted to meet a 14-year-old for sex. In Fischer’s case, charges were dismissed after the arrest occurred.
“We can arrest anyone we want to, but the prosecutor has to decide to press charges,” Holliday explained. “Each county has their own prosecutor. As an elected official, Colin Andrews can choose which cases to prosecute.”
Wells County Prosecutor Colin Andrews, who took office in January, has filed charges on each case in the county thus far.
“It is a duty of every prosecutor to uphold the law, pursue justice and promote the health and safety of the community,” Andrews explained. “If facts and circumstances warrant the filing of charges against any individual, then I have a responsibility to prosecute them for their crimes. I intend to do just that.”
Of the 10 cases prosecuted over the last year in Wells County, only one case has been sentenced. Roger Wayne Wiles, a man previously convicted of child molesting, pleaded guilty to the crime earlier this year. Wiles was sentenced to 26 years in prison for the felony, as well as an added habitual offender charge.
In all but one case, the suspect has been charged with child solicitation, a Level 4 felony. In the case of Jonathon Dickey, a 51-year-old man from Poneto, a Level 5 felony was applied instead. Dickey is currently the first case for the county set for a jury trial, scheduled to begin Jan. 24.
Six of the 10 cases have scheduled hearings for pretrial conferences, meaning neither a plea agreement has been reached nor a decision to try the case in court. Two predators have pleaded guilty to the crime and are currently awaiting sentencing.
PCI has not responded to requests for comment at this time.
The News-Banner will continue to follow these cases and report on the conviction rate as they are processed in the Wells Circuit Court.
sydney@news-banner.com
