Lafayette attorney Earl McCoy avoids trial by entering diversion program
LAFAYETTE, Ind. — Lafayette attorney Earl McCoy's attempted sexual battery trial ended Tuesday morning before it ever started.
Special Prosecutor Zachary Craig offered McCoy a diversion agreement, and McCoy accepted it rather than face the uncertainty of a trial.
As part of the diversion agreement, McCoy must undergo a substance abuse evaluation and follow any recommendations from the evaluation. He must check in with the Delaware County Prosecutor's Office, which was selected as special prosecutors in this case. McCoy also must refrain from unlawful behavior, Craig said as he read off the terms of the agreement.
If McCoy does all of these things, the case will be dismissed at the end of the 18 months, which will be October 2025.
In May 2022, McCoy is accused of approaching a woman in his office after hours and putting his hand on her neck as if he was going to kiss her, according to the probable cause affidavit. The woman pushed McCoy away, and he pinned her against the wall, grabbed her right hand and tried to force it towards his crotch, according to the affidavit.
"I do believe that's in the best interest of everybody involved," McCoy said when Special Judge Heather Barajas asked McCoy if he intended to enter into the diversion agreement.
With that, the estimated 45 potential jurors returned to the courtroom where they were dismissed.
The agreement still has to be formalized with a written agreement signed by the parties and submitted to the court for Barajas' signature.
The diversion agreement means that McCoy's case is still pending, and he may still practice law.
At the end of the 18 months — if there are no incidents — the charges, which were filed in March 2023, will be dismissed.
McCoy was a GOP prosecutor candidate in 2018, but he lost in the primary. Last year before the charges were filed, McCoy had been a legal analyst for a local TV station commenting about the Delphi murder case against Richard Allen, who is accused of killing teenagers Libby German and Abby Williams on Feb. 17, 2017.
Reach Ron Wilkins or at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Lafayette attorney enter diversion program and avoids trial
