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Fortunately, not all lawyers are like this... ... 02/0/LOCAL

6:42 PM May 7, 2007

Attorney accused in fatal DUI crash

By Vic Ryckaert and Jon Murray
[email protected]
May 7, 2007

The Indiana Department of Health lawyer accused in a fatal drunken driving crash Sunday night was fired by Marion County Prosecutor Carl Brizzi last fall after inconsistencies in his story following a hit-and-run crash at the time involving his car, officials said today.

Brizzi will request a special prosecutor to handle the case of Terry J. Record, 26, a spokesman said.
Record worked for the prosecutor's office for one week in October, spokesman Matthew Symons said. But he was fired after supervisors questioned him about an alleged hit-and-run crash involving his car and were not satisfied with his answers, Symons said. Record also worked as an intern for the office in mid-2005 while he was in law school, Symons added.

Record never was charged with a crime in connection with the hit-and-run crash.

Police arrested Record on Sunday on a preliminary charge of operating a vehicle while intoxicated causing death. The crash killed Jimmy R. Cash, 46, near Southeastern Avenue and Pleasant Run Parkway about 9:30 p.m., according to police records.

Record has been active in Indiana Republican politics for several years and had started working for the health department Dec. 4 as a staff attorney, said Keith Beesley, an attorney with the Indiana State Personnel Department.

Before he joined the health department, the Marion County prosecutor's office offered him a job in October as a deputy prosecutor. He had just passed the bar exam, Symons said, but the job was still conditional because he hadn't yet been sworn in as an attorney.

In the incident that led to Record's forced resignation, on Oct. 7 Indianapolis police found his car overturned on College Avenue near 22nd Street after it had struck another car. Record was not at the scene, and later he told a police officer the car may have been stolen after he left a Broad Ripple bar early that morning, taking a cab home, according to a police report.

His supervisors questioned him.

"There were some inconsistencies," Symons said. "Based on those answers, we decided it wasn't appropriate for him to work for us any longer."

Record, 2600 block of North Meridian Street, was held this morning in the Marion County Jail with bond set at $100,000.

He was driving a red 2000 BMW that collided with a 1978 Ford F-150 pickup driven by Cash, police said. Witnesses told police they saw the BMW run a red light, according to the report.

Record told officers he had consumed four medium sized drinks at a strip club, Brad’s Brass Flamingo, prior to the crash. Record told officers that the pickup truck’s driver caused the crash, police said, and stated: “I hope the guy has insurance to fix my car.â€

Record refused to take a breath test.
Police obtained a warrant and drew two vials of Record’s blood to test for alcohol, according to the report.
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