MOUNT VERNON — On Oct. 7, Jeffrey Budd was indicted for insurance fraud and the case went to Common Pleas Court. On Oct. 9, the case was transferred to Mount Vernon Municipal Court.
Although this is an uncommon occurrence, there are definite legal rules for doing so, according to Knox County Prosecutor John Thatcher.
“There is a criminal rule procedure that allows the transfer of a case from the Common Pleas Court to the Municipal Court, when the grand jury chooses to indict for a misdemeanor only,” Thatcher explained. “A grand jury is given the option what to indict someone on. But it is an indictment. It’s not a felony but it is an indictment. There are cases when a grand jury will consider if it has enough evidence to establish probable cause to indict for a felony or for a misdemeanor. In some cases they may decide they have enough evidence to indict for a misdemeanor but not a felony.”
Thatcher said there are times when it is a close call between a felony and misdemeanor and it is the grand jury’s duty to act in accordance with what it thinks is best for the community.
Budd’s misdemeanor insurance fraud case is scheduled to be heard by the Mount Vernon Common Pleas Court on Dec. 2.
