INDIANAPOLIS — The Marion County Prosecutor's Office has declined to file criminal charges against a woman who was arrested in Lawrence last week for violating Indiana's new 25-foot police encroachment law.
According to a probable cause affidavit, Lawrence officers were serving a felony warrant when the woman stepped near the officers. She was requested to move back at least 25 feet, according to court records.
When asked, the woman stated "This is an ambulance, not your police car." Police then detained the woman.
After being cuffed, the woman complained of the handcuffs being too tight, according to court documents. Officers loosened the handcuffs, only for the woman to pull her hand out.
The woman was arrested on charges of escape, resisting law enforcement and unlawful encroachment of an investigation.
On Friday, the Marion County Prosecutor's Office announced that after reviewing the case, they will not be filing criminal charges against the woman.
The office issued the following statement:
“After reviewing this arrest, the Marion County Prosecutor’s Office is not filing charges for Unlawful Encroachment in this matter.
The Unlawful Encroachment statute, which is currently being challenged as unconstitutional in federal court, must be applied judiciously and deliberately to strike a balance between the right of citizens to observe law enforcement and the need for officers to execute their duties free from undue interference.
The Probable Cause Affidavit submitted does not allege that Ms. Nichols interfered with a police investigation or the efforts of medics to provide care to an injured individual on scene.”
WRTV's parent company, Scripps Media, Inc., is involved in a lawsuit against Marion County and the state of Indiana, challenging the legality of the 25 foot law.
