Has the mayor received special treatment? Attorney says no

Published: Oct. 11, 2022 at 5:33 PM EDT
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FORT WAYNE, Ind. (WPTA) - Our Digging Deeper team continues to look into Mayor Tom Henry’s OWI arrest. A question many people have been asking, has the mayor received the same treatment as everyone else?

Fort Wayne Criminal defense attorney Stanley Campbell says, to his knowledge, the mayor hasn’t gotten special treatment from law enforcement or the jail.

So how is an OWI (Operating While Intoxicated) charge typically handled?

Campbell says usually the charges are based on the range of BAC (Blood Alcohol Test). He says between 0.08% and %0.15 is a lower offense. Anything above that is a higher offense.

The probable cause affidavit say Mayor Tom Henry wasn’t given a breathalyzer until 50 minutes after his arrest. Why is that? Campbell says it’s because the device officers use at the scene isn’t the official breathalyzer used to test people’s BAC. He says, on the scene, the handheld device is usually only used as a probable cause to make an arrest. He says he believes the mayor’s BAC was tested with an official machine used at the jail.

Campbell says this is all pretty typical for any OWI arrest. He says given the mayor was released on his own recognizance is also typical. He says most people are released early on their first OWI offense.

He says it doesn’t appear he is getting special treatment and he’s being processed through the court system the same as everyone else in his experience.