Marshall County Grand Jury Returns a One Count Indictment Against Jon A. McFarland for Reckless Homicide

December 28, 2014

Grand_JuryThe Marshall County Prosecutor’s Office announced Wednesday that the grand jury seated in Marshall Superior Court No. 1 met on December 16 and 17, 2014 and returned an indictment for Reckless Homicide against Jon A. McFarland, 54, of Culver.  The indictment alleges “Jon A. McFarland recklessly kill(ed) another human being, to wit:  Benjamin Hutchins, by recklessly transporting scrap materials in such a manner as to obstruct his view as he operated his motor vehicle and failed to yield the right of way to other traffic.”  It is alleged this event took place on October 12, 2014.

An Indiana Officer’s Standard Crash Report for October 12, 2014 alleges a motor vehicle crash occurred at the intersection of US 31 and State Road 10 on the western edge of Argos, Indiana.  The Report alleges McFarland was traveling westbound on State Road 10 at approximately 9:00 p.m. when he struck a vehicle driven by Alexander Hutchins, 25, of Portage, Indiana.  Benjamin Hutchins, 25, was a passenger in Alexander’s vehicle.  It is alleged the force of the collision pushed the Hutchins vehicle into the path of a semi-tractor trailer driven by Jose Jimenez Hernandez of Martinsville.  The truck hit the passenger side of the Hutchins vehicle and both occupants were seriously injured and airlifted from the scene.  It is alleged that Benjamin Hutchins died from his injuries on October 13, 2014.

After the indictment was filed, Chief Deputy Prosecuting Attorney Nelson Chipman requested the issuance of a warrant for McFarland’s arrest.  Marshall County Sheriff’s Deputy Jonathon Bryant arrested McFarland on Monday and lodged him in the Marshall County Jail pending his release on bond set in the amount of $1500.  As of the date of this press release, no court dates have been scheduled.

The Prosecutor’s Office strongly emphasizes that an indictment is only an allegation and Mr. McFarland is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law before a judge or jury of his peers.