Freetown couple faces drug, neglect, animal cruelty charges

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A Jackson County couple recently was arrested on drug, animal cruelty and neglect of a dependent charges, police report.

Roy Allen Bogard, 43, and Jacquelyn Ann Bogard, 43, both of Freetown, each face charges of possession of methamphetamine, a Level 4 felony; neglect of a dependent, a Level 6 felony; cruelty to an animal, a Class A misdemeanor; possession of marijuana, a Class B misdemeanor; and possession of paraphernalia, a Class C misdemeanor.

Jackson County Sheriff’s Department Sgt. Ben Rudolph said in a probable cause affidavit that he is requesting those charges. The Bogards were booked into the Jackson County Jail in Brownstown early Tuesday morning.

On Monday, Rudolph said he attempted to serve a protective order on Roy at a home in the 9200 block of North State Road 135 in Freetown.

Upon arrival, after running license plates on vehicles outside the residence, Rudolph knocked on the door to the home and said he could hear movement inside and dogs barking. The sheriff’s department dispatch center then called Rudolph to tell him Roy had called and wanted to know why law enforcement was at the property.

After Rudolph told him he was there to serve a protective order, Roy told him to call back. A few minutes later, Roy called and asked where Rudolph was at and why he was at his house. Once he was told the same thing as before, Rudolph said Roy told him he didn’t care and he had no right to be running registration plates on his vehicles if he was there to serve papers. Roy also told Rudolph to get off of his property and hung up, according to the probable cause.

An anonymous person then called Rudolph and told him Roy was not supposed to be living at the residence because it had been purchased by a Florida real estate investor on a sheriff’s sale. Through research, Rudolph found the property was owned by Wiper Corp. of Boca Raton, Florida.

Rudolph later contacted Wiper Corp. and spoke with Vivek Gupta, who said he is the firm’s attorney and the company’s president is his father, Vinod Gupta. Vivek confirmed the company purchased the property on a tax sale, and he had the deed to the property and said there wasn’t supposed to be anyone living in the home or on the property, according to the probable cause.

Vivek asked Rudolph to make entry into the home if possible and inform any occupants to leave the property because they have no contractual interest or authorization from the company to be on the property, and he said he filed a writ last month and a hearing is set for Jan. 25 on the matter.

Rudolph obtained a search warrant signed by Jackson Superior Court I Judge AmyMarie Travis, and that was executed Tuesday by Rudolph and his K-9, Nyx, and county officers Scott Arnold, Alan Jones and Conner Emily.

They knocked on the front door and said they had a search warrant, and when there was no answer, Arnold began to force the door open by kicking it. After kicking it once, he heard a male telling him to hold on and opened the door.

The occupants of the home, including the Bogards, Roy’s son and his son’s girlfriend, were ordered outside onto the porch.

While executing the search warrant, Arnold found two glass pipes with burn residue and white powder residue, according to the probable cause. Rudolph said the pipes are used to ingest illegal drugs, particularly powder or rocklike drugs, such as methamphetamine.

As he was collecting these items, Rudolph said he found an orange pill container containing a type of wax-like material and a clear plastic corner bag containing an off-white rocklike substance consistent with meth or a powder-type drug.

Roy told police the dope and pipes were his, but Rudolph said he couldn’t ask further questions because Roy had requested to have an attorney present. Roy then asked Rudolph to get his shoes and a cigarette from his bedroom, where the illegal items had been located. While getting a cigarette for Roy, Rudolph said he found a partial marijuana cigarette roach inside the cigarette pack.

Rudolph then applied for another search warrant for the home to search for items related to the crimes of possession and/or dealing controlled substances and items associated with the use and/or sales and distribution of those drugs. Travis signed that warrant, too.

During the second search, Rudolph said he found two clear plastic bags containing an off-white rocklike substance in the Bogards’ bedroom. Both tested positive as meth and weighed 6.5 grams and 1.2 grams, respectively.

He also found two orange pill containers containing an off-white substance resembling meth scrapings, and those also tested positive for meth, weighing 9.9 grams and 9.3 grams, respectively.

Plus, Rudolph said he found a clear plastic bag containing plant material, which was tested positive as marijuana and weighed 10.8 grams; an orange pill container containing pieces of white tablets, which weren’t able to be identified because they were in pieces; and a digital scale resembling a cellphone.

In another room, Rudolph found a multi-colored rubber and glass smoking pipe with burn residue in the bowl, which he said is used to ingest marijuana, and a multi-colored metal pipe with burn residue in the bowl.

Rudolph also said the house was in extremely poor condition and extremely unsanitary, including human waste all over the bathroom floors and in the toilets.

There also was dog feces all over the house and inside both cages for a dog inside the home. The dog was found inside a dog crate in a bedroom.

Rudolph said the entire house smelled of excrement and urine, and it had no running water.

Due to the conditions of the home, the Department of Child Services was called and requested to respond. Rudolph said DCS allowed Roy’s son to leave and stay with Roy’s mother and the girlfriend’s grandfather to come and pick her up.

DCS requested the Bogards to submit to a drug test, and both refused, according to the probable cause.

When speaking with Jacquelyn about the conditions of the home and having children inside, Rudolph said she told him she understood the conditions were horrible and that she took care of Roy’s son and was responsible for his well-being.

At first, Rudolph said Jacquelyn denied any knowledge of the drugs and paraphernalia inside the home; however, after speaking with her further, he said she knew the items were inside the home, but she couldn’t speak to Roy about it because he would get angry and upset with her and become verbally abusive.

Jacquelyn later admitted to Arnold she used meth with Roy approximately two weeks prior.

All items of evidence were collected, and the drugs will be sent to the Indiana State Police Laboratory Division for confirmatory analysis and weight, Rudolph said.

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