When Muncie attorney Scott Forgey departed from town about a year ago he left behind some unfinished business that came back to haunt two Ball State students during the weekend.
Amber L. Burkhart, 21, 1021 W. Neeley Ave., and Ryan P. Gibson, 20, 1200 W. Bethel Ave., said they were surprised after they were arrested Saturday evening in separate incidents on outstanding warrants.
The warrants were issued for failure to appear on minor consumption charges that occurred in 2000.
The students, both former clients of Forgey's, said they were under the assumption that the outstanding charges had been dropped long ago. Burkhart and Gibson said Forgey had telephoned them and told them the charges had been dropped.
"Scott Forgey seemed like a really nice guy, but that's a lawyer for you," Gibson said. "Then I find out from everyone else that he skipped town with my money and my freedom."
Burkhart and Gibson spent Saturday night in the Delaware County Jail. They said bail could not be posted because of the warrants.
Gibson said they were not released until Sunday afternoon, when attorney Jake Dunnuck, of Dunnuck and Associates, appeared at the jail. Gibson said Dunnuck was visiting another client in the jail when an officer told him about the two students.
Dunnuck consulted the students and, after each paid $500, agreed to take their cases and talk to a judge to get them out of jail, Gibson said.
Donald Dunnuck, also of Dunnuck and Associates, said Forgey was suspended from the Indiana State Bar Association for disregarding the best interests of his clients. Dunnuck said Forgey and his wife moved to Florida sometime within the last year and have been difficult to find.
Forgey could not be found for comment.
Burkhart said she hired Forgey in March of 2000 after she was ticketed for illegal consumption at a house party.
During consultation Forgey told Burkhart her case would most likely be dropped because her BAC was so low, Burkhart said. Burkhart said she blew .01 BAC.
Although Burkhart never paid Forgey any money, Burkhart said Forgey agreed to appear in court for her.
Forgey called her in mid-summer 2000 and told her the charges had been dropped, Burkhart said.
"I was thrilled," Burkhart said. "I guess that's probably why I didn't think about asking if I had to go to court."
Burkhart said she she was even more surprised because she had passed a criminal background check when she applied to substitute teach at Decatur County schools last spring.
Burkhart said she was also pulled over for speeding last January near Rushville, and the officers never warned her of a warrant.
It wasn't until around 8 p.m. Saturday when Burkhart found out she was wanted by authorities.
Burkhart said she was walking to her car on a sidewalk beside her house when an officer approached her. According to police reports, Burkhart was in her car in the process of starting it when officer Martin Mullins caught up with her.
Police reports said Burkhart was looking in the windows to her house. Burkhart said the officer told her she looked suspicious. Roommates confirmed that Burkhart lived there.
Mullins ran a background check and the warrant showed up. Burkhart said she was handcuffed and taken to the Delaware County Jail.
Gibson's story begins two years ago, when as a freshman he was ticketed for minor consumption. Gibson said his first lawyer skipped town, leaving Gibson unaware of his legal problems.
After Gibson was ticketed for possession of paraphernalia a year ago, he found out a warrant had been issued because of his illegal consumption.
Gibson said he hired Forgey in April of 2001 for $800 to take care of the paraphernalia and illegal consumption charges.
Gibson said Forgey called him around May and told him all charges had been dismissed.
Two days later Gibson received a letter from the Delaware County court system. The letter notified Gibson that certain charges relating to certain case numbers had been dropped.
Gibson said he assumed both charges had been dropped and did not bother to check on them because of what Forgey had said.
"It was a really general letter," Gibson said. "You don't even think about looking it over. I just thought everything was taken care of."
At about 9 p.m. Saturday officers Mark Workman and Craig Hodson were called to Gibson's apartment in response to a noise complaint.
Gibson said the officers told him a warrant had been issued for his arrest. Gibson then showed the officers his letter.
The officers told him the charge that had been dropped in the letter was not the same charge he was wanted for. Gibson said he found out that while his paraphernalia charge had been dropped, his minor consumption charge had not.
After placing Gibson under arrest, officers found a glass smoking pipe in Gibson's pants pocket, according to police reports. Gibson was charged with reckless possession of paraphernalia.
"If I wouldn't have had a warrant, I wouldn't have gotten a paraphernalia charge and the officers would have left," Gibson said.
Burkhart said she had been in jail for almost two hours when Gibson arrived. She said she and Gibson met in an open room at the police station where the paperwork is done.
"Once they patted him down and took off his handcuffs he overheard us talking about the attorney," Burkhart said.
Burkhart said she and Gibson spoke about their situation for 10 or 15 minutes until they were separated and taken to cells.
Neither students have decided to pursue legal action against Forgey yet. Gibson said his lawyer told him that Forgey has been difficult to find.
Burkhart said her main concern currently is to resolve the issue of her arrest.
"Just as long as I can get this minor (consumption) taken care of, that's all I'm worried about," Burkhart said. "That's all I'm going to deal with."
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