EVANSVILLE — A special prosecutor has moved to dismiss criminal charges against Tanisha Carothers, the former Fourth Ward city councilor charged with fraud over claims she didn’t meet state residency requirements.
Chris Gaal, the special prosecutor appointed to handle the case, filed a motion to dismiss Wednesday in Vanderburgh County Superior Court, writing that the accusations of criminal wrongdoing brought against Carothers first by Evansville police and later the Vanderburgh County Prosecutor’s Office could be reasonably explained as honest mistakes.
The development marks a significant turn in a case that has roiled city politics for nearly a year and prompted Carothers, a Democrat, to resign from the City Council in December. Party officials caucused to replace Carothers earlier this month, tapping Kendra Hatfield, the wife of Circuit Court Judge Ryan Hatfield, to represent the Fourth Ward.
Carothers faced one count of fraud, a Level 6 felony, and one Class A misdemeanor count of falsifying an election document. She pleaded not guilty after the Vanderburgh County Prosecutor’s Office first filed the charges in February, calling the prosecution “outrageous” and “politically motivated.”
The Vanderburgh County Prosecutor’s Office, which is headed by Diana Moers, a Republican, sought the appointment of a special prosecutor to handle the politically sensitive case. Moers’ husband, Kyhle Moers, is the chairman of the Vanderburgh County GOP.
Moers could not immediately be reached for comment. Gaal did not immediately respond to a message seeking comment. Carothers’ attorney, Jonathan Danks, said he planned to issue a statement regarding the dismissal later on Thursday.
In moving to dismiss the criminal charges, Gaal, an experienced attorney known for representing Indiana counties in complex and contentious cases, appeared to lend support to arguments long put forth by Carothers’ attorney and her supporters: that discrepancies in state election forms regarding her status as a Fourth Ward resident could be evidence merely of mistakes rather than fraud.
Carothers technically violated requirements that she be a resident of the City of Evansville for one year prior to the caucus and a resident of the Fourth Ward for at least six months, Gaal wrote in the motion, but she may have been “reasonably mistaken” that her previous address on Pebble Place Drive was within city limits. The address is located in a residential neighborhood close to the municipal boundary.
With regard to detectives’ allegation that Carothers did not live within the Fourth Ward for at least six months, Gaal wrote that the state’s investigation found Carothers signed a lease for a Washington Street apartment within the bounds of the Fourth Ward on May 15, 2024, taking possession as early as May 17 — between 168 and 176 days before the caucus, depending on the date used.
That falls short of the required six months “by a matter of days,” Gaal wrote.
Gaal also noted that while the state believes Carothers was in “technical violation” of both residency requirements, proving she “knowingly” lied on her candidacy form would be difficult.
Under Indiana law, he wrote, a defendant can raise a “mistake of fact” defense if they were “honestly and reasonably mistaken” about facts that would negate criminal intent.
“The special prosecutor has determined that it is possible that the defendant could have been reasonably mistaken” about whether her Pebble Place address was within city limits, Gaal wrote, adding that such a defense “raises an issue of reasonable doubt.”
Gaal likewise cited the existence of an ongoing civil lawsuit brought by two of Carothers’ caucus opponents as an “appropriate remedy to vindicate the public’s interest” in enforcing residency requirements, invoking American Bar Association standards that allow prosecutors to decline charges when civil remedies are available.
This is a developing story and will be updated.
This article originally appeared on Evansville Courier & Press: Prosecutor drops case against ex-Evansville City Councilor Tanisha Carothers
Reporting by Houston Harwood, Evansville Courier & Press / Evansville Courier & Press
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