Trout
A Franklin man will serve more than a year in prison for hitting a bicyclist with his car while intoxicated last year.
Jay A. Trout, 62, was sentenced Thursday to two years on a Level 6 felony charge of operating a vehicle while intoxicated with a prior conviction by Johnson Superior Court 2 Judge Peter Nugent. Of the two years, 500 days were ordered to be served in an Indiana Department of Correction Facility, and 230 days were suspended to probation. He received credit for two days previously served in jail, according to online court records.
The sentence was open to the Court’s discretion, according to the Johnson County Prosecutor’s Office.
He also received a one-year driver’s license suspension, which was made retroactive, online court records show. Trout previously pled guilty to the charge on May 16, and as part of that agreement, a Level 5 felony charge of causing serious bodily injury when operating a vehicle while intoxicated was dismissed.
Trout was charged in June 2023 after first responders responded to a crash at the intersection of South County Road 400 West and West County Road 100 South in Union Township on June 27, 2023. When responders arrived, they found a bicyclist on the ground bleeding next to a truck with front-end damage, according to a Johnson County Sheriff’s Office report.
The bicyclist, who was wearing a helmet, said he was unsure of what had happened, other than that he turned and then was struck from behind by the truck. He was later taken to an Indianapolis hospital for treatment of his injuries, the report says.
Trout, who was the driver, told deputies he was traveling south on County Road 400 West approaching County Road 100 South while the bicyclist was traveling east on County Road 100 South. He said the bicyclist allegedly did not stop at the stop sign, and that they turned in front of him to head south on County Road 400 West, the report shows.
Trout told deputies he was going under the 40 mph speed limit but was unable to avoid striking the bicyclist from behind. He called 911 immediately after the accident, and deputies observed skid marks on the ground.
Deputies asked Trout if he had been drinking prior to the accident, and he said he had one beer a few hours before the crash. Trout then took a preliminary breath test, which showed his blood alcohol level at 0.172 — over two times the legal limit, according to the report.
Trout underwent other sobriety tests as well, and he eventually told deputies that he had too much to drink, the report shows.
Later, he said that while he had too much to be driving, the crash was not his fault, the report says.
Deputies say a criminal history search showed Trout has a previous conviction for operating a vehicle while intoxicated. He previously pled guilty to the charge in May 2017 in Shelby County.
During additional questioning, Trout admitted he had continued to drink while the case was pending and had not attempted to get into treatment for his addiction. He also minimized his continued drinking and said while he was open to treatment, he didn’t think he had a problem with alcohol. Prosecutors also pointed out the similarities between this case and Trout’s prior operating while intoxicated case, which also involved an accident, and that he posed a continuing danger to the community, according to the prosecutor’s office.
Prosecutors argued for an aggravated executed sentence based on the new details they learned. They also argued for prison time based on danger to the community and the nature and circumstances of the offense, the office said.
Nugent ultimately found that the aggravators outweighed the mitigators when rendering Trout’s sentence on Thursday. After the hearing, Trout was taken into custody to begin serving the sentence.
Both the victim in this case and the prosecutor’s office are pleased Trout is being held accountable for his actions, prosecutors said.
“I hope this sentence sends the message that drinking and driving is incredibly dangerous and will not be tolerated in Johnson County,” Deputy Prosecutor Shaina Carmichael said in a statement.
A restitution hearing is set for 1:30 p.m. on Aug. 1
