Ethics Commission dismisses allegations against Fries; still investigating Moss

FORT WAYNE, Ind. (WANE) - The Ethics Commission met for less than ten minutes Friday to discuss the incident that happened back in June involving Sheriff Ken Fries and County Councilman Paul Moss . 

The Ethics dismissed the allegations against Sheriff Ken Fries. According to the Ethics Commission, Sheriff Fries falls under the ethics guidelines for the Indiana Sheriff's Association , therefore the commission does not have jurisdiction in this issue.

The commission is still investigating Councilman Paul Moss.

Attorney Tom Hardin, a member of the ethics commission, told NewsChannel 15 that an second incident on Saturday, Sept. 22, would not be a factor in the investigation.

According to the police report from September 22, around 1:50 a.m. a Fort Wayne police officer saw a car pulling in and out of housing additions and thought the activity was suspicious.  The officer turned on his emergency lights and pulled the car over.  The driver of the vehicle was identified as Paul Moss, Allen County Councilman.  The officer asked Moss where he was going and he said he was going to pick his daughter up.  When Moss replied the officer could smell alcohol on his breath. 

The officer then went on to ask where he was coming from and he said a friends house.  The officer asked Moss if he had anything to drink and he said no.  The officer went back to his vehicle and grabbed a portable breath test.  He told Moss  that he was going to offer him a breath test and Moss told the officer he was not going to take it.  The officer explained to Moss that if he didn't have anything to drink then there wouldn't be a problem.  Moss then questioned why the officer pulled him over and asked for probable cause.  The officer said he pulled Moss over because he saw him pulling into two housing additions and the officer believed that to be suspicious activity.

The officer asked Moss again if he had anything to drink and Moss said he had a few drinks.  An OWI unit came and later gave Moss the portable breath test.  The officer who gave Moss the breath test determined Moss blew well below the legal limit.  The officer thanked Moss and explained to him the results of the test.  Officers then told Moss he was free to go.

NewsChannel 15's Megan Reust contacted Moss Friday morning.  He did not want to comment on camera and said he disagreed with the police report and the probable cause.  Moss also believes the officer pulled him over after running a check on his the plates which indicated the vehicle belonged to Paul Moss..  Friday afternoon Moss released the following statement via email:

"Typically, a routine traffic stop where no citation is issued does not warrant a news story. I was pulled over on my way to see my adult daughter that was visiting from out of town. I was given no reasonable explanation for probable cause, and felt I was being targeted due to recent media coverage. While admittedly frustrated, I asked for no favors and complied fully with officers on the scene. I was allowed to leave in my vehicle immediately after passing the sobriety test."

Paul Moss

At their last meeting they decided to initiate an investigation to learn more about the traffic stop back in June.  They will be questioning officers who pulled over Moss back in June when he called Sheriff Fries to expedite the process.

Click here to learn why the Allen County Ethics Commission began its investigation.