By Dave Pearce
A Vanderburgh County woman who had been recently released from jail learned this week that she will now be facing four more years behind bars. She was sentenced on May 14 and pled guilty to charges of Battery by Body Waste, Battery Resulting in Bodily Injury, Resisting Law Enforcement, Disorderly Conduct, and Public Intoxication.
According to information released from Posey County Prosecutor Travis Clowers, the sentence is the result of an incident which occurred on Feb. 18, 2012, at 4817 Slim Pond Road in Posey County.
According to the Probable Cause
Affidavit, Nichoel A. Roy, whose home address was listed as 2937 Broadway Ave., Evansville, Ind., was arrested after Posey County Sheriff Deputy Bill Denning responded to a call at the residence of Jeff Wilkerson on Slim Pond Road.
Denning said when he arrived at the residence, he saw Wilkerson sitting on the front steps of the porch of his home. Denning stated that he made repeated attempts to get Roy’s attention as she stood over Wilkerson and cursed and yelled at him. Denning indicated that Roy disregarded his pleas that he was a member of the sheriff’s department and that she should turn around and face him.
After repeated attempts, Denning said he take her arm and walk her down the steps and asked her numerous times to calm down. He immediately noticed a strong smell of alcohol and was having trouble even standing up.
Wilkerson told sheriff’s deputies that Roy was a friend of his brother’s and he had only agreed to let her come to his property because she indicated she had no place else to go after being released from jail.
By this time, Sheriff’s Deputy Dustin Seitz had arrived at the scene in an effort to help Denning and the woman. But the woman was intoxicated and continued to yell and curse at Wilkerson.
A few minutes later, two other sheriff’s deputies arrived and noticed that Roy had urinated on her clothing. She was informed she was being arrested for disorderly conduct. Despite vocal and physical resistence, the two assisting deputies were eventually got Roy into the back seat of a patrol car but she refused to allow deputies to buckle her into the seat.
Denning said two deputies attempted to buckle the seat belt while he got into the front seat of the car, attempting to buckle the belt. Denning said Roy lunged at him and then spit in his face, spraying saliva on his eyebrow, the brim of his hat , and the collar of his shirt.
Denning then left the vehicle to get a spit hood but when he returned, the other officers had successfully buckled the seatbelt. The two deputies began taking Roy to the Posey County Jail and after some evidence, started toward the jail.
On the way to the jail, Roy was able to get out of the handcuffs and had slapped one of the deputies on the side of his head. The vehicle was stopped and the deputies were able to get the woman back under control.
The group continued to the jail where Roy registered a .34 blood alcohol content. She was then taken to Deaconess Hospital to be evaluated to get medical clearance for booking into the Posey County Jail.
Denning later learned that the woman is infected with Hepatitis B. Hepatitis B infection can be spread through having contact with the blood, semen, vaginal fluids, and other body fluids of someone who already has a hepatitis B infection.
Infection can be spread through: Direct contact with blood in health care settings; Sexual contact with an infected person; Tattoo or acupuncture with unclean needles or instruments; Shared needles during drug use; or Shared personal items (such as toothbrushes, razors, and nail clippers) with an infected person.
Most of the damage from the hepatitis B virus occurs because of the way the body responds to the infection. When the body’s immune system detects the infection, it sends out special cells to fight it off. However, these disease-fighting cells can lead to liver inflammation.
“Due to the seriousness of the crime, my office did not negotiate any type of plea agreement with the defendant,” Clowers said in a prepared statement. “She ultimately pled guilty to each count without a plea agreement.”
She was sentenced by Judge James Redwine to four years on Count 1. One-and-a-half years on count 2, One year on count 3, and six months each on counts four and five. All the sentences will run concurrently, however, all of her sentence will be served in prison.
Clowers said several law enforcement officers attended the sentencing hearing to show their support for fellow officer Denning.
“It is my hope that the defendant’s sentence will serve as a warning to anyone who believes they can hit, spit on, or attack law enforcement in any way,” Clowers stated. “It simply will not be tolerated.”