Franklin firefighter gets 80 hours unpaid leave for OWI

A Franklin firefighter received 80 hours of unpaid leave following an incident of driving while intoxicated.

Joshua F. Oakes, 42, of Bargersville, was initially charged with disorderly conduct and operating while intoxicated, both misdemeanors, on Feb. 5.

Documents on the case were made available this week, though the case has been unfolding since Dec. 23, 2022, when the incident took place.

According to the probable cause affidavit filed with Franklin City Court, Bargersville Police observed Oakes fail to stop at a stop sign that night at around 11:47 p.m. The officer pulled him over at County Road 144 and Main Street, Bargersville.

When the officer was walking up to the car, he noticed Oakes moving alcoholic beverages from his front seat to his back seat. He also had glassy eyes, slurred speech and smelled of alcohol, court documents say.

Oakes could not complete field sobriety tests and did not consent to a breath test. The officer obtained a warrant to do a blood draw, the affidavit says.

During the investigation, Oakes was reportedly yelling at officers. His alleged refusal to stop led to the disorderly conduct charge, court documents say.

Oakes pled guilty to operating while intoxicated as a first offense in Franklin City Court on March 13. The disorderly conduct charge was dismissed by the court. Judge K. Mark Loyd issued a sentence of 60 days, with two days jail credit and 58 suspended to non-active supervision.

Following his arrest Oakes informed then-fire chief Matt Culp in a timely fashion, but failed to inform the city of Franklin Mayor’s Office within the time frame required by the city employee handbook, said Josh Snyder, the current Franklin fire chief. Per the handbook, city employees are required to inform the Mayor’s Office within three days of an arrest, conviction or guilty plea to a criminal offense.

After the case was resolved in city court, formal charges were filed with the Franklin Fire Merit Commission on April 6. During a July hearing, the commission heard the case including charges of failing to comply with the law, conduct unbecoming of a firefighter, conduct injurious to public peace and welfare, and failing to notify the mayor’s office within the time frame.

By a 4-1 vote the commission found him guilty on all counts and issued a 40-hour unpaid leave of absence in addition to the one given by Culp in December. The additional leave of absence took place immediately after the hearing, Snyder said.

Throughout the process, Oakes has been remorseful and is taking the steps necessary for recovery, Snyder said.

“He’s doing everything in his power as far going to seek help,” Snyder said.