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Ex-deputy Wolcottville marshal sentenced to three years in prison

By MATT GETTS - | Jan 18, 2023

ALBION — A former Wolcottville deputy town marshal was sentenced to three years in the Indiana Department of Correction Jan. 9 in Noble Circuit Court after admitting in December to attempted child seduction, a Level 5 felony; and child seduction, a Level 6 felony.

During a change of plea hearing Dec. 12, it was announced that Zarek Finley, 28, had reached a plea deal with special Prosecutor ClaraMary Winebrenner. The plea deal called for a six-year sentence, with three years to serve in prison. The remaining time could be spent on home detention or on probation.

Noble Circuit Court Judge Michael Kramer formally accepted the plea deal Monday and sentenced Finley to three years in prison, with an additional three years to serve on probation following his released from the IDOC.

According to Indiana time-served guidelines, Finley will have to serve 3/4 of the three years in prison before he is eligible for release.

Finley had been facing seven felony counts involving three alleged victims. Per the terms of the plea deal, the remaining five felony counts would be dismissed.

During questioning by his attorney in December, Finley admitted to attempted child seduction in an incident involving a 16-year-old girl, a Level 5 felony. Finley also admitted to the child seduction charge involving another victim who was at least 16 years of age and less than 18 years of age.

Finley admitted that both acts had occurred while he was on duty.

Charges involving a third victim were dropped as part of the plea deal.

On Feb. 14, 2022, Finley was arrested after an alleged liaison with a 16-year-old girl turned into a sting operation run by the Federal Bureau of Investigation and the Indiana State Police.

On Feb. 15, Winebrenner, then serving as DeKalb County’s prosecuting attorney, formally charged Finley with six felony counts. The affidavit for probable cause referenced improper interactions with two alleged victims, both who were 16 years old at the time.

Finley has been charged with three felonies relating to one alleged victim:

• Child seduction, a Level 5 felony;

• Attempted dissemination of matter harmful to a minor, a Level 6 felony; and

• Attempted possession of child pornography, a Level 6 felony.

Finley was charged with three additional felonies relating to a second alleged victim:

• Official misconduct, a Level 6 felony;

• Child seduction, a Level 6 felony; and

• Sexual battery, a Level 6 felony.

In May, Noble Circuit Court Judge Michael Kramer allowed Winebrenner to file a seventh felony charge against Finley after an additional alleged victim came forward.

The seventh charge was a second child seduction charge, a Level 5 felony.

According to court documents, Winebrenner alleged in the course of the investigation, the state located an additional 17-year-old victim.

Finley was fired shortly after his arrest.

At his initial court appearance in February, Kramer set Finley’s bond at $2,500.

According to the affidavit of probable cause filed in the case, Finley began communicating with the first alleged victim shortly after the new year via social media. The texts became “flirtatious,” and then he allegedly requested she said photographs to “show me what I’m working with,” court records state.

For a time, the social media messaging stopped, but Finley resumed contacting the girl on Feb. 7 while she was in school.

On Feb. 9, 2022, two FBI task force agents took over the girl’s social media account. According to a summary in charging documents, “Conversations at times have been sexual in nature.”

Finley allegedly sent a picture of his sex organ to who he thought was the first victim on Feb. 13, court documents said.

According to the affidavit for probable cause, Finley initially denied the allegations then allegedly admitted to sending the photograph of his sex organ to the account. He also allegedly “admitted there was discussions of sex acts taking place when they met.”

Investigators talked with a second alleged victim. That victim told police Finley allegedly improperly touched her and also used her hand to touch himself.

She also alleged Finley sent pictures of his male sex organ.

The second victim alleged those incidents took place between March 1, 2021, and April 30, 2021, when the victim was 16.