ELKHART — A plea hearing for an Elkhart Police officer accused of breaking into his ex-wife’s home and harassing her was postponed Wednesday at the request of his attorney.
Scott Hupp was unable to attend the hearing as he is suffering from cancer and was discharged from the hospital only late Tuesday, according to his attorney, David Fransisco. He said Hupp was not well enough to be in court.
Fransisco asked Elkhart County Superior Court 6 Judge David C. Bonfiglio to postpone the hearing, which was originally scheduled for Feb. 13.
Hupp is eager to resolve the case, his attorney said, and his absence was due simply to him not being well enough.
The judge approved the request over the objection of the prosecuting attorney, who asked Bonfiglio to order that evidence of Hupp’s treatment be produced.
Hupp is accused of breaking into his ex-wife’s home and making harassing phone calls, as well as placing a tracking device on her vehicle. He was charged with residential breaking and entering, a Level 6 felony, and two Class B misdemeanor counts of harassment by phone. His charges carry a maximum sentence of 3 1/2 years.
Hupp has been an officer with the Elkhart Police Department about 20 years, following eight years with the Elkhart County Sheriff’s Office.
The warrant for Hupp’s initial arrest was issued in September. In November, the Board of Public Safety transferred Hupp from paid leave to unpaid leave, per then Interim Chief Todd Thayer’s request, “due to the seriousness of the criminal charges and because of the length of time it is taking for his case to be presented in court.”
Hupp’s plea hearing was rescheduled for May 22.
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