This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

BROWNSBURG, Ind. — Rachelle Kennedy is frustrated with local law enforcement after she said Brownsburg police have come to her house three times in January looking for her son who is already in jail.

Kennedy’s son, 29-year-old Nathan Spears, has been in the Marion County Jail since Dec. 8, 2021. Court records show Spears has been charged with robbery, auto theft and battery resulting in bodily injury.

But, on Jan. 4, Brownsburg police officers came to Kennedy’s house with an active warrant out of Hendricks County for her son.

”I got a loud knock on my front door and it was several police officers looking for my son, who was incarcerated at the Marion County Jail,” Kennedy said.

Cpl. Chris Nelson, a Brownsburg Police Department spokesperson, said the department received an active warrant for Spears on Jan. 4 for missing a Hendricks County court date on Jan. 3.

”They gave him a failure to appear because they didn’t know he was in the Marion County Jail,” Kennedy said.

She said she told officers her son Nathan had been in the jail since Dec. 8, and they left without searching her home. But, a few hours later, Kennedy said other Brownsburg police officers came back.

”They were surrounding my house and again asking for my son,” Kennedy said.

Kennedy said she told the officers others had just been at her house a few hours ago, but the officers said they had no record of it.

Nelson said they only have a record of officers being at Kennedy’s house once on Jan. 4.

But, Kennedy said officers were at her house twice. On the second trip, she once again explained her son was not at the home, and still in the Marion County Jail. Officers left again.

”I thought it was done and I wouldn’t have to deal with it again,” she said.

But, Brownsburg police officers returned again to her house on Saturday, Jan. 29, still looking for her son.

”They came back, surrounding the house and into the house and were searching every nook and cranny,” Kennedy said. “Again, telling me he was not in the Marion County Jail.”

This time, the impact was more than just frustration. Kennedy’s seven-year-old grandson, Nathan’s son, was home. Kennedy has custody of her grandson and 18-month-old granddaughter. She said her grandson has been diagnosed with PTSD after a past incident when his parents were arrested.

She said police coming through their house with guns drawn looking for a man already in jail traumatized her grandson all over again.

”He was really stoic and just sat and watched,” Kennedy said. “And after they left he had a lot of questions and he just wanted to understand, you could tell he had some fear.”

Nelson said officers on Jan. 29 saw the warrant for Nathan Spears was still active so they went to Kennedy’s house again to look for him. Nelson said notes were made in the past report of Kennedy telling officers her son was in the Marion County Jail, but it is unclear if anyone tried to confirm Spears was in the jail.

However, if Brownsburg police did check the Marion County Jail Inmate Lookup, they most likely would not have gotten any results for Nathan Spears. Kennedy said she checked on Jan. 4 and Jan. 29 and Spears did not show up in the system.

On top of that, Kennedy said she told an officer during the Jan. 29 search of her home her son was in the jail, the officer told her dispatch had said he was not and he must have been released.

”I said, ‘He has not been released, I just talked to him this morning,’” Kennedy said.

But, Nathan Spears was not in the system. As the Marion County Sheriff’s Office has been transitioning to the new jail over the past two months, Kennedy said she was told every inmate was taken off of the inmate lookup system.

”They didn’t want anyone to know when they were moving them for safety reasons,” Kennedy said.

She understands the safety implications but wishes there would have been some way for her to prove her son was in the Marion County Jail during this time. She said she tried to speak with someone at the jail several times and ask about this but she was not successful.

”You can’t get a live person at the jail, so they just tell you to go look online where he was not listed,” she said.

Kennedy said she was told her son would be back in Inmate Lookup within 24 hours after he was transferred to the new Marion County Jail. She said he was moved the night of Friday, Jan. 28 but was not put back into the system till the following Monday afternoon when CBS4 reached out to an MCSO spokesperson about Spears not showing up in the system. Shortly after, he was back in the system.

”It is very frustrating,” Kennedy said.

She said this is a breakdown in communication between law enforcement agencies.

”If Marion County was doing their due diligence and all the other departments would know where my son is, these kids wouldn’t have to witness all this,” Kennedy said.

The other issue, even if her son was able to be found in Inmate Lookup when Brownsburg police originally came looking for him on Jan. 4, it would not have stopped the trip.

Nelson said there is not a system to make sure someone with an active warrant in one county is not already in another law enforcement agency’s custody. So, whether Spears showed up in Marion County Inmate Lookup or not, Brownsburg police would not have checked and still would have gone to Kennedy’s house to look for him on Jan. 4.

Kennedy said she wishes there was a system for law enforcement to be able to check on things like that, before going to someone’s home.

”Other countries need to look at that list before they are disrupting people’s homes and lives and traumatizing children who have already been traumatized,” she said.

We asked Brownsburg police for an interview and they declined.

We also asked the Marion County Sheriff’s Office for an interview. A spokesperson referred us to ViaPath Technologies, the company running the Marion County Inmate Lookup. The spokesperson said they had not had any complaints about inmates not being found in the system and we should direct questions about glitches in the system to ViaPath.

Kennedy is worried she might not be the only person who has been or could be going through this.

”Yes, he has warrants in other counties but if he was on that Marion County list then other counties could have looked this up. There have to be other families that are going through the same thing,” she said.

As for her young grandson, Kennedy said he has been going to therapy for his PTSD for about a year and they have tried to talk about this most recent incident.

”He doesn’t really want to talk about it much because when he is traumatized he shuts down, that’s his way of dealing,” Kennedy said. “So right now we’re allowing him to do that and hopefully with a little bit of time we’ll work through that.”