Published: January 15, 2009 08:47 am      

Rockholds man suing sheriff pleads guilty to resisting arrest

Jimmy Earl Thomas claims arrest was retaliation for his filing lawsuit against Sheriff Hodge

By Sean Bailey / Staff Writer

The Rockholds man who is suing Whitley County Sheriff Lawrence Hodge pleaded guilty Tuesday to resisting arrest during a traffic stop in April 2007.

Jimmy Earl Thomas, 56, took a plea-agreement with the commonwealth’s attorney which will allow him to avoid jail time.

Thomas was indicted on Aug. 13, 2007 for third-degree assault, resisting arrest and driving under the influence. According to court documents, Thomas was stopped near the Rockholds Food Mart for weaving across the road by Whitley County Sheriff’s Deputy Ben Hodge — who is Sheriff Hodge’s son.

According to earlier Times-Tribune reports, Ben Hodge wrote in his citation that Thomas began swinging at him when he ordered Thomas to show his hands. Thomas then had to be physically restrained by police when Sheriff Hodge arrived. Thomas allegedly punched the sheriff in the mouth.

On Tuesday, Thomas pleaded guilty to resisting arrest, and was sentenced to 90 days to be conditionally discharged for two years. If Thomas does not commit any other crimes for two years and pays $125 in court costs, he will not face jail time. According to court documents, the third-degree assault charge was dropped in exchange for a guilty plea on the resisting arrest charge.

In August the DUI charges against Thomas were dropped due to lack of evidence, according to court documents.

Special Judge Cletus Miracle was assigned to the case after Whitley Circuit Court Judge Paul Braden recused himself because of the sheriff’s involvement in the case.

Thomas, in a civil lawsuit, claims the traffic stop was retaliation for his filing his suit against Sheriff Hodge. Thomas’ suit claims that during the arrest he was pulled from his vehicle, forced to his knees and beaten by Hodge and others.

Thomas also claims in the suit that Hodge has refused to return personal property that was seized by the sheriff’s department during an alcohol raid at Darlene Ellery’s residence in Rockholds. Thomas was dismissed of any charges in connection to the raid.

A trial date has not been set for the civil lawsuit.