ZaiOS

Counsel Case Update

State of Indiana v. Zaitullah J. Khebarkhil

Matter: Marion County Walmart theft case
Original Cause No.: 49D33-2404-CM-010529
Later/Reassigned Cause No.: 49D19-2404-CM-010529
Court: Marion Superior Court, Criminal Division 19, formerly Court 33
Filed: April 15, 2024
Alleged Incident Date: September 10, 2023
Charge: Theft, Indiana Code 35-43-4-2(a), Class A misdemeanor
Final Disposition: Dismissed with prejudice on June 11, 2025 after completion of pretrial diversion

Case History

The case was originally filed in Marion Superior Court 33 under Cause No. 49D33-2404-CM-010529. Preserved court records later show the same filing sequence under 49D19-2404-CM-010529, reflecting reassignment to Marion Superior Court 19.

The preserved record reflects preliminary court activity and a Walmart stay-away order in April 2024. Initial-hearing activity followed in May 2024, including Pashto interpretation and appointed counsel.

On July 11, 2024, a pretrial-diversion agreement / agreement to withhold prosecution was entered. After completion of diversion, a motion and order dismissing the case were entered on June 11, 2025. The disposition reflected in the preserved records is dismissal with prejudice, with associated pretrial restrictions terminated.

No conviction is shown in the preserved court record.

Supporting Evidence Preserved

The available source archive includes:

  • Criminal information / charging material
  • Court notices and administrative docket entries
  • Pretrial-diversion agreement
  • Dismissal-related court documents and final disposition material
  • Archived MyCase history showing the case while publicly searchable
  • Records showing both the original 49D33 and later 49D19 cause numbers
  • Indiana State Police limited criminal-history search dated September 12, 2025, reporting no criminal-history record found

Source archive

Immigration Relevance

Although the case was dismissed, it should remain in the applicant’s complete immigration case history where a form or agency request calls for disclosure of prior arrests, citations, charges, or criminal proceedings.

For any filing requiring documentary support, counsel should rely on the best available certified court disposition and related certified records where required, particularly:

  1. Final dismissal order / disposition showing dismissal with prejudice
  2. Pretrial-diversion agreement
  3. Criminal information / charging document
  4. Court case history or certified CCS showing the original and reassigned cause numbers
  5. Indiana State Police criminal-history result

The current inability to locate the case through ordinary public MyCase search should not be treated as evidence that the case did not exist. The preserved records document the historical filing, reassignment, diversion, and dismissal.

Current case status for working purposes: Closed; dismissed with prejudice; no conviction shown in the preserved record.