HAMMOND | Monday's dismissal of marijuana charges against Hammond political insider David Woerpel and two family members may stoke political fires smoldering since the family was arrested in September.
All charges were dropped Friday against Woerpel, his wife, Tina, and their son Derrick as part of a plea agreement entered into last week by the couple's son, James, who received 18 months probation.
The Woerpels had been charged with possession of marijuana and maintaining a common nuisance, both felonies, after state police said they spotted marijuana plants growing in the backyard of the family's Hammond home.
With an eye toward potential civil litigation, John Cantrell, an attorney for the Woerpels, said Monday his clients will investigate who was behind the charges and why. Cantrell indicated a focus will be who or what prompted a helicopter flyover by state police that led to the criminal charges.
"Lawyers are looking at this case and salivating," said Hammond Mayor Thomas McDermott Jr., a Woerpel ally.
"It could be problematic for the sheriff," he said, contending Lake County Sheriff Rogelio "Roy" Dominguez authorized the flyover.
"This was politics from Day One," McDermott said.
Dominguez dismissed McDermott's remarks Monday.
"I don't think his comments merit a response from me inasmuch as his conduct is unprofessional, and his statements are without any factual basis," Dominguez said.
"I think, unfortunately for the Woerpel family, that they have Mayor McDermott to thank for all this unnecessary notoriety," he continued. "I was always confident the criminal justice process would resolve this matter, and I certainly respect the special prosecutor's decision in this case."
The September arrests of the Woerpels prompted McDermott, in a scathing voice mail, to accuse Dominguez and Lake County Prosecutor Bernard Carter of playing politics, a charge made public by Dominguez, setting off the political firestorm.
McDermott, the county Democrat Party chairman, supports newly seated Lake County Coroner Thomas Philpot to replace Dominguez as sheriff. Dominguez, who cannot run again because of term limits, supports county Police Chief Marco Kuyachich in the May 4 Democratic primary for sheriff. And McDermott and Dominguez both are weighing a 2012 run for governor.
A close political ally of McDermott, David Woerpel is 5th District Democratic precinct captain in Hammond and serves on the city's Park Board. Tina Woerpel was removed as general forewoman of the Hammond Recycling Department after the pot charged were filed. Derrick Woerpel continues as a Hammond Street Department employee. And James Woerpel is a former part-time Park Department employee.
After Monday's court hearing, Woerpel, a postal worker known in Hammond circles as "The Mailman," revealed the charges resulted in the U.S. Postal Service suspending him without pay. The family has been relying on Tina Woerpel's unemployment check with only Derrick Woerpel working. In addition, McDermott said he had suspended Derrick for 30 days without pay because of the incident.
Woerpel disputed the events as portrayed in the charging documents, saying he had spotted some marijuana plants on the property prior to the arrest but told his son James to get rid of them. The plants instead were hidden by James in an area behind a shed, he said.
Woerpel said evidence photos show five or six plants about 8 inches high each, though Dominguez previously said they were as tall as 6 feet.
"His son was busted with a few plants," McDermott said Monday, arguing the family never should have been charged.
"When you have a malicious prosecution, people have recourse," he said.
The political implications of the Woerpel arrests prompted Carter to seek appointment of a special prosecutor, LaPorte County Deputy Prosecutor Christopher Fronk, who did not appear at Monday's hearing.
