By Brooke McAfee
The Evening News and the Tribune
CLARK COUNTY, Ind. 鈥� A judge issued a temporary restraining order against New Chapel EMS to prevent action on property subject to the criminal and civil cases involving former Clark County Sheriff Jamey Noel.
A hearing was Tuesday in Clark Circuit Court 1 in the state attorney general鈥檚 case seeking to recoup public funds stolen by Jamey Noel.
The judge鈥檚 order enjoins New Chapel from 鈥渄issipating, distributing, transferring, encumbering, assigning, paying over, or otherwise disposing in any manner鈥� assets in question.
Special Judge Roger Duvall issued the order after Attorney General Todd Rokita鈥檚 office filed a motion for a preliminary injunction
Legal counsel for Noel, the Utica Township Fire District and New Chapel also attended Tuesday鈥檚 hearing.
In October, Noel was sentenced to 15 years in prison after he pled guilty in the criminal case. He was the former president of the Utica Township Volunteer Firefighters Association, also known as New Chapel EMS.
Noel鈥檚 plea deal stipulates that he pay more than $3.1 million in restitution to New Chapel, the Indiana Department of Revenue, the Clark County Sheriff鈥檚 Department and the Indiana State Police.
Duvall noted that there are multiple lawsuits disputing whether the money stolen by Noel belongs to the taxpayer or belongs to New Chapel.
He called for maintaining the 鈥渟tatus quo鈥� as litigation is ongoing. Another hearing was scheduled for Jan. 14 at 1:30 p.m.
The attorney general鈥檚 motion for a preliminary injunction against New Chapel seeks to prevent the entity from trying to 鈥渄issipate solely in their own favor assets that could be used to help satisfy all claims in this matter.鈥�
The motion also seeks for all parties to be 鈥済iven a fair and equal chance at recovery.鈥�
These assets include a Jeffersonville pole barn owned by Jamey Noel and his estranged wife, Misty Noel, and items allegedly taken from the property at Old Salem Road.
The plaintiff鈥檚 motion notes that New Chapel representatives discussed at a Nov. 13 hearing that multiple vehicles 鈥渨ere released to New Chapel following resolution of Jamey Noel鈥檚 criminal matter and that an unspecified number of vehicles were almost immediately sold, auctioned, or put up for sale by New Chapel .鈥�
The attorney general鈥檚 motion states that there is 鈥渞eason to believe鈥� that New Chapel is 鈥渟eeking to liquidate assets not yet seized or attached.鈥�
Court documents note that New Chapel was seeking to foreclose on the pole barn property.
鈥淚t has become clear through the course of this litigation that New Chapel believes it has an exclusive interest in receiving, possessing, and disposing of certain property that has been at the center of the various criminal and civil filings involving the Noel family and other parties involved in this litigation,鈥� the attorney general鈥檚 motion states.
鈥� New Chapel鈥檚 actions as it relates to the property in question suggest that New Chapel is ignoring the fact that various parties, including the State, may have overlapping interests in or claims to the property that New Chapel seems to be treating as its own.鈥�
The motion states that the plaintiff believes New Chapel 鈥渉as removed items of personal property, including but not limited to fixtures, appliances, tools, equipment, vehicles and/or vehicle lifts鈥� from the pole barn.
The pole barn is currently listed for sale on Zillow for $496,000, as well as other properties owned by the family. These include a property at 2408 Turnberry Drive and a property at 711 Old Salem Road in Jeffersonville.
Jackie Clowers, attorney for New Chapel, said the attorney general鈥檚 office is 鈥渋nvestigating and trying to recover the assets that we鈥檙e trying to offload.鈥�
A hearing also took place Tuesday in Washington County in Noel鈥檚 criminal case. Special Judge Larry Medlock approved the auction of hundreds of items seized by Indiana State Police during the criminal investigation, according to WAVE3.
The items range from rare cars to clothing. The sales will support restitution payment, but none will cover Noel鈥檚 fine.
鈥淚 assessed a fine of $270,000 against Mr. Noel , he can deal with that in 12 years if it鈥檚 not been satisfied with the auction and dispersion of the funds received,鈥� Medlock said.
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