by Caitlin Huston
LOGANSPORT — A lack of signatures on Cass County court documents, including a probable cause affidavit, has kept a man accused of driving a truck carrying methamphetamine out of custody and free of charges.
Charles Skaggs, Logansport, was arrested in October after Cass County Sheriff’s Deputy John O’Connor found methamphetamine inside the engine compartment of the truck Skaggs was driving. The truck was registered to Bridget Enyeart, wife of County Prosecutor Kevin Enyeart.
Cass County Superior Court II Judge Rick Maughmer said the original special prosecutor, Justin Alter, lacked probable cause for charges because the paperwork was missing signatures from law enforcement officers.
“There are filings that have been made but they haven’t constituted formal charges,” Maughmer said.
Maughmer said he terminated Alter because he was “not doing anything” in the case. Wilbur L. Siders, a Peru attorney, took his place Feb. 22, and he has not filed probable cause in the case, either.
O’Connor said he had turned in a probable cause affidavit and a case report, but he said he couldn’t be certain whether any documents were missing signatures without looking through the court file.
Skaggs was arrested in October on a preliminary charge of possession of methamphetamine, a class D felony. He failed to appear in court in January for an initial hearing on that charge and an unrelated battery charge, but a warrant has yet to be issued.
But until probable cause is determined, a warrant cannot be issued, according to court documents in Skaggs’ case.
In the police report, Skaggs said the meth was not his and that he was Enyeart’s employee. The prosecutor has confirmed that Skaggs worked for his real estate business, but he has denied any link to the meth.
Contacted Tuesday, Siders, the new special prosecutor, would not comment on progress of the case.
“I never make any comment on any criminal case,” Siders said.
Maughmer said Tuesday he could not say whether Siders would file charges.
“I have asked him to do what’s appropriate, and I assume that’s what he’s doing,” Maughmer said.
Maughmer said that judges typically give special prosecutors a time limit, but he said he had not yet done so with Siders.
“I haven’t put a limitation on him yet,” Maughmer said.
He added, however, that misdemeanor charges must be filed within two years while felonies must be filed within five years.
• Caitlin Huston is a staff reporter of the Pharos-Tribune. She can be reached at 574-732-5148 or firstname.lastname@example.org.