FORT WAYNE – A recent Indiana Supreme Court order publicly reprimanded a local attorney and deputy Allen County prosecutor over a 2-year-old pot possession charge.
Since August 2009, when David B. LeBeau was ticketed for marijuana possession and resigned his position, he has earned back his job with the prosecutors office, officials said.
LeBeau was ticketed for possessing less than 30 grams of marijuana, a Class A misdemeanor, by excise police officers outside a Dave Matthews Band concert at the Verizon Wireless Music Center in Noblesville.
He entered a pretrial diversion program in Hamilton County and according to court records, the case was dismissed after he completed the program in November 2010.
At the time of the incident, LeBeau was assigned as the section chief for Allen Circuit Court, handling predominantly cases involving drunken-driving offenses. LeBeau verbally resigned from the prosecutors office, trained his replacement and then left.
But he has been back with the county prosecutors office for the past 18 months, in the misdemeanor section. Chief Deputy Prosecutor Michael McAlexander said LeBeau had to undergo more scrutiny than most to get his job back.
According to the order, the public reprimand was an agreed-upon discipline between the Indiana Supreme Courts Disciplinary Commission and LeBeau, who fully cooperated with the process.
LeBeau had never been in trouble with the disciplinary commission before and was evaluated by the Indiana Judges and Lawyers Assistance Program, which found no evidence of addiction or substance abuse, according to the order.
When he came back to the prosecutors office, LeBeau was given a drug test as are all potential county employees, McAlexander said.
But he has undergone random and frequent drug tests since, McAlexander said.
He has passed every one, McAlexander said. The bottom line is, yes, we gave him a second chance.