It took a Decatur County jury about three hours of deliberation to convict former Greensburg Police officer David L. Scudder of theft and misconduct on Wednesday.

Scudder was on trial for committing both theft and official misconduct, Class D Felonies, after pilfering money from a promoter who allegedly tricked wrestling fans at the local Wal-Mart into buying autographs and photos from an individual impersonating famous wrestler “Stone Cold” Steve Austin. It was asserted that Scudder had taken the $154 made at the event from the promoter, Ronald Owens, and kept it himself.

The third day of the trial began with Scudder on the stand. He alleged that Owens had given him the $154 out of his “personal money,” which was given back with the understanding that it would go back to the fans in line at Wal-Mart.

When Ripley County Prosecutor Ric Hertel questioned Scudder about inaccuracies and contradictions in his police report, Scudder maintained that the report was incomplete. According to Scudder, Police Chief Brian Heaton had asked him to put in the report the “highlights” for a media release. Hertel also pointed out that that the money was seized by Scudder but never mentioned in his report.

On a taped interview with Indiana State Police Detectives Anthony Scott and Pete Tressler, Scudder did not say he ever wanted to write a “supplemental” to his initial report, the prosecutor alleged. Hertel added that it was likely because Scudder did not want to discuss the issue with anyone.

The prosecution also pointed out to the jury that Scudder did not inform other GPD officers what he was doing and let Owens go even though he could have been arrested.

“You took money from him, then you entrusted him to give the money back, didn’t you?” Hertel asked.

Scudder explained that it was civil issue at that point, but used a receipt book from Wal-Mart, which was given to Owens, for the money seizure. The prosecution alleged that GPD Det. Mike Cruze, Wal-Mart assistant manager Chris Williams and other Wal-Mart employees agreed that it was Scudder who requested the receipt from Wal-Mart instead of using GPD paperwork that was available. The prosecution noted that there were no fans around for Owens to give the money back to after Scudder said he returned it. Scudder was captured on camera writing the receipt to Owens, but the prosecution felt it was suspicious that when he allegedly returned the money to Owens, no cameras were around.

Hertel and the prosecution told the jurors it was strange that Scudder would trust Owens to give the money back to fans.

Defense attorney Bill Dillon alleged that much of the prosecution’s case rested on Scudder’s report, which was “poorly worded.” According to the defense, Scudder did not seize the money because he did not know exactly how much was collected and which money was the proceeds from the event. He ultimately chose not to arrest Owens or seize the money to “err on the side of caution,” the defense explained.

During closing arguments, the prosecution stated that it was 519 days after the incident that the term “personal money” became relevant.

“The story just doesn’t add up,” Hertel said. “Why is (Scudder) giving the money back if Wal-Mart is refunding the money? It just doesn’t make any sense.”

Hertel also encouraged the jury not to make the case about Ronald Owens versus David Scudder and ignore all of the other witnesses.

Defense attorney Dillon pointed to the testimony of Rich Jaret, who said he had heard an officer say that he was unsure if he could seize the money. According to Dillon, it had to have been Scudder. He also told the jurors that the burden of proof is “beyond a reasonable doubt,” which could simply not be made in the case.

“A mistake in a report is not misconduct,” Dillon said.

He encouraged the court to not buy into Owens’ testimony, stating that it was Owens’ story that was the one that did not add up. Dillon alleged that it was Owens who was scamming everyone in Wal-Mart and in the court room.

After the jury’s guilty verdict was read at about 3:30 p.m. on Wednesday, the prosecution requested remand for Scudder until the sentencing date. Judge Carl Taul denied the motion and Scudder was allowed to return home. After the trial, defense attorney Bill Dillon said he was disappointed with the outcome.