State representative suspended from IFD duties, special prosecutor chosen in OWI case
INDIANAPOLIS (WISH) — A special prosecutor was appointed Friday to handle the case of a state representative and Indianapolis firefighter who was arrested Saturday on OWI charges. It’s not his first OWI charge, according to documents obtained by News 8.
State Rep. Dan Forestal, the assistant Democratic caucus chair, faces charges of impersonation of a public servant, resisting law enforcement and operating a vehicle while intoxicated.
Forestal was suspended without pay Thursday from the Indianapolis Fire Department.
Saturday arrest on the east side
A man told police that Forestal approached him and a woman outside their home the evening of Aug. 10 and told them, “I’m a legit officer doing a drug bust and today is the last day before the Feds descent and start kicking in doors.” The woman said Forestal also asked her to tell him where the “people selling drugs” lived and showed her a badge with a silver chain, according to court documents.
When police attempted to arrest Forestal later that night in a car outside a hotel on 21st Street and Shadeland Avenue, he resisted and said he was going to sue them for “violating (his) civil rights.” He also said that “due to his position in public safety and as a state representative, he would ‘have’ all of the officers’ badges,” according to court documents.
At least two officers observed a “strong odor of an alcoholic beverage” as Forestal was taken into custody. One of those two officers also observed Forestal had red, glossy eyes and was swaying back and forth, struggling with his balance, as police read him Miranda rights, the court document said.
Appointment of a special prosecutor
The Marion County Prosecutor’s Office on Wednesday announced it would seek a special prosecutor for Forestal’s case.
“Daniel Forestal has made campaign contributions to Prosecutor (Terry) Curry, as well worked as campaign volunteer,” said a spokesman for the office.
Hancock County Chief Deputy Prosecutor Marie Castetter was announced Friday as the special prosecutor.
Forestal, who bonded out of jail on Sunday, will have an initial hearing Aug. 27, according to online records.
The state lawmaker’s attorneys are James H. Voyles Jr. and Tyler D. Helmond, according to online records for Marion Superior Court, Criminal Division 9.
Disciplinary history at Indianapolis Fire Department
Forestal began working at IFD in March 2007 and in November 2007 was suspended for 24 duty hours and placed on probation after an arrest, according to IFD disciplinary documents released Friday.
Forestal sent an email to IFD officials on Nov. 9, 2007, that said he was going to plead guilty to a misdemeanor charge of operating while intoxicated to get his driver’s license back. In the email he said the agreement was “the best way to bring this matter to its conclusion and focus my attention – where it belongs – with the Fire Department.” He concluded the email by saying, “Nothing like this will happen again,” according to the documents.
IFD also suspended Forestal for 24 duty hours on June 17, 2016, for “substandard performance,” according to the documents. The document did not outline the cause of the suspension.
Forestal was suspended without pay for 240 duty hours and remanded into an Employee Assistance Program after IFD received the details of his Saturday arrest. When his suspension ends, Forestal will be placed on administrative assignment and will not act as a responding firefighter or EMT.
The outcome of Forestal’s criminal case will determine the next course of action by the fire department.
