Public Access Counselor: City violates law by withholding Mayor arrest video

Published: Dec. 6, 2022 at 6:01 PM EST
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FORT WAYNE, Ind. (WPTA) - The Indiana State’s Public Access Counselor has determined that the City of Fort Wayne violated the Access to Public Records Act by failing to disclose the incident report and body footage of Mayor Tom Henry’s OWI arrest in October 2022.

Attorneys representing the City of Fort Wayne have denied WPTA’s multiple public information requests.

Our Digging Deeper team submitted three separate requests for body cam video and the police report. Each time our requests were denied citing “investigatory records.”

After the first two were denied - we filed a complaint with the office of the Indiana State’s Public Access Counselor.

After receiving notice of the complaint, the city declined to submit a response.

Henry pleaded guilty October 10th to operating while intoxicated and endangering a person.

A judge sentenced the mayor to a suspended jail term of 365 days. He was also ordered to pay a $25 fine and $800 in court costs and fees.

In addition to those costs, he’s paying more than $3,000 in restitution to the City of Fort Wayne and to the woman whose car was damaged in the October 8 crash.

Mayor Henry’s blood alcohol content registered at .152% at the time of the crash, nearly two times the legal limit of .08%. He will not be able to drive as his license remains suspended for another 65 days. His license was initially suspended for 90 days.

A second charge of operating a motor vehicle while intoxicated was dismissed.

Read the opinion in full below.

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