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Judge Allows Flasher To Continue In-Home

Posted On January 17, 2014

By Mike Perleberg

 

Billy Luke is escorted from the Dearborn Superior Court I courtroom after a sentence conversion hearing Thursday, January 16. Mike Perleberg-Eagle 99.3

Billy Luke is escorted from the Dearborn Superior Court I courtroom after a sentence conversion hearing Thursday, January 16.
Mike Perleberg-Eagle 99.3

(Dillsboro, Ind.) – The man once convicted of appearing naked from the window of his home to employees of the pharmacy next door will not be doing more time in jail, at least on order from one judge.

 

Billy Luke was outside his home next to Deville’s Pharmacy in Dillsboro – his driveway and the store’s parking lot are only about 10 feet apart – earlier this month. That was a problem because he was on in-home incarceration and had protection orders preventing him from having contact with three women who work there.

 

Luke had been released from jail on January 2. Eight days later he was back behind bars for the alleged protection order and probation violation.

 

Luke was in Dearborn Superior Court I Thursday for a two-hour hearing to determine if his remaining 730 days on probation and home incarceration will be converted to jail time.

 

The three victims, all female pharmacists at the drug store, testified. They said Luke’s presence outside his home as they arrived at and left work made them feel intimidated and uncomfortable.

 

“It’s disruptive at work when he’s standing outside staring at the pharmacy. We have to watch each other walk to our cars. It’s scary,” one of the victims told the court.

 

Another employee said she was afraid to go to work and Luke had previously attempted to send her a nine-page letter following his initial arrest in 2012.

 

Photos taken by the victims and Dillsboro Police Officer Josh Cady were entered by Prosecutor Aaron Negangard as evidence. Each of the photos showed Luke in his driveway. However, Negangard argued, Luke’s in-home incarceration agreement with Southeast Regional Community Corrections stated that he was not to be outside his home beyond his front porch. Luke was allegedly spotted outside 29 times in three days, January 6-8.

 

However, Luke and his probation officer, Matt Nelson, each testified that Nelson had given Luke permission to be in his driveway in order to work on gaining access to his vehicle, which had an issue with the door being frozen shut during the severe cold that had set in those days – temperatures were below zero. Luke said he needed to have the vehicle ready in the event his grandmother, who also lives in the home, needed to be taken for emergency medical care.

 

Also, Luke testified he had permission from SERCC to go outside his home to fetch wood for the home’s heating needs.

 

Luke said he had attempted to meet with and speak to SERCC supervisor Nelson to clear up what he called “a misunderstanding” on January 6, but the Dearborn County Commissioners had ordered that county offices be closed due to the extreme winter weather.

 

“I tried to get the issue dealt with before my arrest,” Luke said.

 

Luke said he grew up in the home next to the pharmacy.

 

“I plan to live in that house forever. And when my grandmother passes I’ll start a family. I hope to be friends with the pharmacy one day,” he testified.

 

In cross examination, Negangard pressed Luke about the letter he had attempted to send one of the pharmacists. In the letter, Luke claimed to have connections to the FBI and organized crime. He also wrote that he planned to deal with corrupt law enforcement in Dillsboro.

 

“He is dangerous to the citizens of Dillsboro. He has harassed these women continuously,” Negangard said in asking Judge Jon Cleary to convert Luke’s sentence.

 

Luke’s attorney, Matthew Hagenbush, asked the judge to simply put his client back on home incarceration with clearer conditions.

 

In rendering that decision, Cleary called the case a disaster and bizarre due to the home and the victims’ work being just a matter of feet away.

 

“The plea agreement was problematic then and today,” Cleary said. “He can be on the porch. The issue is the driveway.”

 

Cleary determined the state had not proved its case through a preponderance of the evidence.  With all parties present in court, the judge facilitated a new agreement on Luke’s in-home incarceration agreement with SERCC.

 

Luke must be in his home with the curtains closed during the pharmacy employees work hours. He is not to be outside without permission from his probation officer. Since he does not work, the only reason Luke will be allowed to leave his home – other than emergencies – is to report to court or probation.

 

Luke still faces three charges of Invasion of Privacy in Dearborn Superior Court II for the alleged protection order violations committed in early January. He remains in jail on those charges as of Friday morning.

 

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