Indiana State Police are conducting an investigation into the documents, which were provided to The Star Press as well as The Courier Times newspaper in New Castle.
Henry County Prosecutor Kit Crane said Tuesday that the release of the documents could constitute theft -- or official misconduct if a public servant was involved.
"It concerns me when someone alleges a county sheriff of criminal wrongdoing, but yet they don't contact the FBI or state police with their concerns," Crane said. "Instead, they mail unsigned allegations to news media and do so some 90 days before an election. It isn't fair to the candidates, it isn't fair to the voters and it isn't fair to the public."
The documents are copies of transcripts of interviews conducted last fall with Henry County police officers and one civilian about the night of Sept. 24, when intoxicated Henry County Deputy Guadalupe "Wally" Trevino crashed his pickup truck into a New Castle home.
The documents revealed for the first time that two other law enforcement officers -- Henry County Deputy Chris Hanson and jailer Jesse Trennepohl, who is also a Middletown reserve officer -- were out drinking with Trevino that night and were likely intoxicated. Trennepohl left the vicinity of Trevino's crash while Hanson was given a ride home by officers.
The civilian also testified she took Trevino's keys shortly before the crash because she was concerned about his ability to drive safely, but the other officers persuaded her to return them.
The Star Press published a story about what the documents showed on Jan. 28. The Courier Times has not published the documents or reported on their contents.
Crane contacted the state police to initiate the probe, according to Sheriff Butch Baker. Copies of the documents were the subject of a subpoena to the New Castle paper. The Star Press did not receive a subpoena and had already published the transcripts in their entirety online at the time of the Jan. 28 news article.
Baker -- who is mounting a re-election effort this year and faces a challenge from former Sheriff Kim Cronk, a captain on his department -- said the investigation was intended to determine who released the documents.
"The documents were only in a few places, and they had to come from one of those places," Baker said. "That's the question. Where did they come from and who disseminated them?"
Merit commission meetings Tuesday evening and again tonight could determine Trevino's fate. Baker has asked that the deputy be fired.
Baker said Crane will determine whether any criminal charges will be filed against Hanson and Trennepohl. After that, Baker could consider disciplinary charges against the two.
Contact business editor Keith Roysdon at 213-5828.