our Address]

Indianapolis, IN [ZIP] [Your Phone] [Your Email] [Date]

Via Certified Mail – Return Receipt Requested

Chief of Police [Name] Beech Grove Police Department 806 Main Street Beech Grove, IN 46107

City Attorney [Name] Beech Grove City Hall 806 Main Street Beech Grove, IN 46107

Mayor James Coffman Beech Grove City Hall 806 Main Street Beech Grove, IN 46107

Re: Spoliation of Evidence – Destruction of Police Video After Formal Request and Notice (Incident involving my vehicle, [approximate date of tow/incident])

Dear Chief [Name], City Attorney [Name], and Mayor Coffman:

This letter constitutes formal notice of spoliation of evidence and violation of Indiana’s body-worn/in-car camera retention statute (IC 5-11.5-1-4).

On [date of request to lawyer], I requested, through the city’s attorney, preservation and production of any police video (body-worn or in-car dashcam) related to the towing/impoundment of my vehicle on [date of incident]. In July [year], I personally visited the [car lot name] and instructed the secretary to deliver the message “spoliation” to the owner, further putting the involved parties on notice that the video was relevant to potential claims.

Despite these requests and notices, the video was destroyed.

Under IC 5-11.5-1-4, non-evidentiary body-worn and in-car camera recordings must be retained for at least 190 days. Evidentiary or requested recordings must be preserved longer, including when there is notice of relevance or potential litigation (IC 5-11.5-1-5). Destruction after notice constitutes spoliation of evidence and violates the statute.

This destruction impairs my ability to prove the circumstances of the tow, any misrepresentations, and related claims (conversion, false statements, § 1983 retaliation, etc.).

Demand:

1. Provide a written explanation, under oath if necessary, of:
   • The exact date the video was destroyed
   • Who authorized the destruction
   • Why it was destroyed despite my request and notice of spoliation
2. Immediately preserve and produce all remaining records related to the incident (tow logs, incident reports, emails, memos, dispatch notes, internal correspondence).
3. Compensate me for the loss of my vehicle, its contents (including legal files), and related damages.

Failure to respond adequately within 14 days will result in further action, including but not limited to:

• Filing a complaint with the Indiana Public Access Counselor (APRA violation)
• Seeking adverse inference, sanctions, and spoliation remedies in any civil action
• Pursuing third-party spoliation tort claims against responsible parties
• Reporting statutory violations to appropriate authorities

This is not a threat; it is notice of legal rights and obligations.

Please direct all responses to the address above.

Respectfully,

Robbin Stewart

cc: Indiana Public Access Counselor FHWA Indiana Division (SS4A grant oversight)

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Quick Notes on Sending

• Certified mail with return receipt (~$6–$8 at USPS) — proof they received it.
• Email copy to city attorney/clerk if you have addresses (beechgrove.com has contact page).
• Keep copies of everything (letter, mailing receipt, email).
• If no response in 14 days: Follow up with a second letter, then file APRA complaint or escalate to OIG/FHWA if tying to grant.

This letter is short (1 page), legal-sounding but not over-the-top, and puts them in a corner. They either explain (and open the door to more admissions) or ignore (strengthening your spoliation case).