Batesville Herald Tribune, Batesville, Indiana

Local News

June 3, 2014

2 brothers: 2 sentencings, 1 jury trial

Two Batesville brothers continue to be in hot water in Franklin Circuit Court, according to Christopher Huerkamp, the county's chief deputy prosecutor.

Judge J. Steven Cox sentenced Jerry Flannery April 16 to 12 years in the Indiana Department of Corrections with four years suspended to probation for manufacturing methamphetamine, a Class B felony, and illegal possession of precursors, a Class D felony.

Huerkamp added, "He was also ordered to pay $2,118 restitution to the Indiana State Police for the cost of cleaning up the meth lab," which was located at Gobbler’s Knob near St. Leon.

He explained, "Flannery had been charged as a result of a rather large meth lab that was discovered and investigated by the Indiana State Police and Franklin County Sheriff's Department Dec. 18, 2012. The authorities had been alerted to the existence of the meth lab thanks to an anonymous tip from a concerned citizen."

The defendant previously had pled guilty March 19. "At the plea hearing, Flannery agreed to a factual basis provided by Franklin County Prosecutor Mel Wilhelm, in which he admitted that while he was involved in the manufacturing of meth, his brother, Benny Flannery, was actually the primary cook at that lab. With regards to methamphetamine production, the cook is the individual who mixes together the many ingredients that combine in a volatile chemical reaction to produce the drug itself. Under Indiana law, a person who knowingly or intentionally aids, abets or causes an offense is just as guilty as the principal offender."

The deputy prosecutor said, "Benny Flannery has also been charged in connection with this incident." He is currently facing four charges: conspiracy to manufacture meth, manufacturing meth, illegal possession of precursors and dumping controlled substance waste. His jury trial is scheduled to begin June 30 in that court.

Huerkamp reported Benny Flannery is facing the same charges for another meth lab near Metamora that was discovered Feb. 8-9, 2013, after he had already made bond in this case.

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