With Ripley County Prosecutor Rick Hertel sitting before Judge John Westhafer, former Greensburg Police officer David L. Scudder made his first appearance inside a courtroom out of uniform to face charges.

Westhafer called Scudder to the defendant’s table, a place where he had sent a number of alleged and convicted lawbreakers, from the galley to face the charges that led to his resignation. Westhafer read the charges - theft and official misconduct, both Class D felonies - allegedly stemming from a June investigation into a phony Steve Austin and his promoter taking money for bogus autographs. Scudder is accused of taking $154 from the promoter while he was in uniform and never placing the money in evidence as part of the investigation. After reading Scudder his rights, Westhafer asked the former officer if he had an attorney. Scudder replied he had no money, real estate, savings accounts, stocks, bonds or any other funds. He currently works for a lawn care business but only part time. Westhafer asked again if he had any money.

“No sir, I’m living paycheck to paycheck,” Scudder replied.

Westhafer entered a not guilty plea on his behalf, as is customary, and appointed Mark Jones of Batesville to represent Scudder. A trial was set for 9 a.m., Jan. 5 and Westhafer asked a $100 defender fee be paid before that time.

Hertel also requested a pre-trial conference to take place a month before the trial date. After consulting his calendar, Hertel agreed to a conference at 8:30 a.m. on Dec. 3. The Ripley County Prosecutor also requested permission for the Indiana State Police, who handled the investigation, to fingerprint and process the former officer following the meeting. The request was granted and the processing followed at the Decatur County Jail.