JEFFERSONVILLE, Ind. — New Chapel EMS made a second oral argument Thursday as they tried to get added as an intervening plaintiff in the Indiana Attorney General Office's lawsuit against Jamey Noel.
The attorney general's office is trying to recoup $3.8 million that the Indiana State Board of Accounts (SBOA) identified as stolen in an audit of New Chapel EMS earlier this year. The money was taken out of New Chapel's private bank account but the attorney general's office has argued that these are still public funds because they originated from public coffers.
Further, it's attorneys have argued that Indiana law gives them the sole responsibility to prosecute findings of SBOA audits, and that New Chapel wasn't paid for contracted services but rather given "subsidies."
"They were payments to New Chapel EMS that were consistent from month to month. They did not vary based on any type of service, any elevation or decrease in service...these are clearly public funds," Deputy Attorney General Marielle Riedle said.
Attorneys for New Chapel have argued these were clearly payments for contracted service, which they provided. New Chapel was the county-wide ambulance provider for Clark County from 2021 to Sept. 1, and in Floyd County from 2017 to June 1.
"Some of it went to pay their employees, some of it went to buy equipment, and then some of it was used for improper purposes," Jackie Clowers said, a newly added attorney for New Chapel EMS.
New Chapel EMS already argued to intervene on Aug. 26, and Judge Roger Duvall denied it several days later. In court on Thursday, he said he probably should have not ruled so early, as it took him time to get acquainted with the case.
"After we left the hearing (on Aug. 26), to be honest with you, I realized I probably should have just adjourned that hearing or asked for specific dates so I didn't violate trial rule 53," Duvall said.
Duvall said he was allowing New Chapel to "renew" it's motion to intervene on Thursday. He did not issue an order Thursday, and said he will do it electronically in the near future.
Riedle said they are bound to retrieve public funds and then disperse them as necessary, which might include New Chapel. But they still do not want New Chapel officially listed as an intervening party.
"We are fine if your honor wants to hold everything in escrow; if and when there is a finding. If and when there are amounts to be deposited into that...as your honor sees fit," Riedle said.
New Chapel spokesperson S. Coy Travis said even if New Chapel gets $2.87 million that it is slated to receive in Jamey Noel's plea deal in his criminal case, they would still "absolutely" try to intervene in this lawsuit or otherwise sue Noel. Travis said that's because the $2.87 million in the plea deal is not the full amount that was taken.
Noel was present during the whole hearing, but didn't say anything. He sat with his attorney Zachary Stewart.
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