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Published July 03, 2009 10:08 pm - Drunken driving charges against an Anderson police officer arrested in Muncie last month will be dropped if he successfully stays out of legal trouble for a year.

Officer enters deal in OWI case


By Shawn McGrath, Herald Bulletin Staff Writer

MUNCIE — Drunken driving charges against an Anderson police officer arrested in Muncie last month will be dropped if he successfully stays out of legal trouble for a year.

Officer Marty D. Dulworth, 33, Middletown, entered into an agreement with prosecutors during a court hearing in June — a little less than two weeks after he was arrested on suspicion of misdemeanor operating a vehicle while intoxicated.

Indiana State Police Trooper David Fidler arrested Dulworth at about 9 p.m. Saturday, June 6, near the intersection of 29th Street and Macedonia Avenue in Muncie, ISP officials previously said.

Dulworth allegedly was driving his motorcycle more than 90 miles per hour, according to ISP officials. A breath test determined his blood-alcohol level was 0.19 percent, more than twice what is considered legally intoxicated in Indiana, officials previously said.

Delaware County prosecutors charged Dulworth on June 15 with operating a vehicle while intoxicated endangering a person and operating a vehicle with a blood-alcohol limit above 0.15 percent. Both charges are Class A misdemeanors that are punishable by up to one year behind bars and a maximum fine of $5,000.

He was also charged with speeding.

At a hearing June 18, Dulworth entered into a deferral with prosecutors and agreed to not break the law during the next year, complete the Delaware County Community Corrections Court Alcohol and Drug program and perform 40 hours of community service. His driver’s license was suspended for 30 days, and then will be on probationary status for six months, according to court records.

Dulworth was placed on unpaid administrative leave with the Anderson Police Department shortly after his arrest. His status with the department wasn’t available on Friday. Department officials did not return a message seeking comment.

Contact Shawn McGrath: 640-4883, shawn.mcgrath@heraldbulletin.com



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