FORT WAYNE, Ind. (WANE) — A judge sentenced Fort Wayne Mayor Tom Henry Thursday afternoon regarding his OWI case that resulted in a car crash in October.

The judge accepted the parameters set in the plea agreement, which required Mayor Henry to $3,166 in restitution.

Mayor Henry also had to pay a $25 fine and nearly $800 in court costs and filing fees.

The sentencing was originally slated to take place Nov. 7, but was moved to Thursday upon request.

The plea agreement also called for Mayor Henry to not drink and submit to random alcohol or drug tests for 365 days.

John Perlich, the spokesman for Mayor Henry, provided a statement to WANE 15 Thursday night regarding the sentencing:

Mayor Henry’s sentencing did occur earlier today. The Mayor, his legal counsel and the court system mutually agreed that the sentencing could be moved up to today rather than Monday and reach its conclusion.

WANE 15 again asked if the body camera footage from the arrest would be released, and Perlich said that matter is “to be determined.”

Luke Britt, Indiana’s Public Access Counselor, told WANE 15 Friday there shouldn’t be a non-official reason for the footage to be withheld. 

“There must be a good faith, common sense reason to withhold that kind of footage or any other kind of investigatory record,” Britt said.

Some of those reasons are detailed in Indiana Code 5-14-3-5.2. In order to withhold the footage or any investigatory record, the evidence must comply with at least one of the following:

  • creates a significant risk of substantial harm to any person or to the general public
  • is likely to interfere with the ability of a person to receive a fair trial by creating prejudice or bias concerning the person or a claim or defense presented by the person
  • may affect an ongoing investigation
  • would not serve the public interest

For reasons other than these that Britt called “arbitrary,” a request under the Access to Public Records Act should not be denied.

When asked if he thought the footage would be released, Britt declined to take a side.

“Well I can’t really talk too much about because a complaint has been filed with my office, so I can’t get into the specifics on that case,” Britt said.

Fort Wayne City Council President Jason Arp announced Friday that he is also requesting video footage from Mayor Henry’s crash.

Arp also said he is requesting the unredacted police reports be made available to City Council with any associated change logs.

Mayor Henry was jailed Oct. 9 after a crash along Old Mill Road in which police said the 70-year-old drove left of center and struck another car.

A chemical test found Mayor Henry’s BAC was .152%, according to a probable cause affidavit, and he was arrested on two misdemeanor charges of operating while intoxicated.