The State of Kentucky claimed ownership of the Indian Head Rock by virtue of its original location in the Ohio River, i.e., on the Kentucky side of the border between the two states, and due to the rock's inclusion in a registry of Kentucky antiquities.
Due to this ownership claim, Greenup County, Kentucky Commonwealth's Attorney Cliff Duvall determined that Shaffer's removal of the rock from the river may have violated Kentucky's Antiquity Act, a Class D felony which carries a sentence of one to five years in state prison.
On June 19, 2008, a Greenup County grand jury issued an indictment against Shaffer for violating the Kentucky's Antiquity Act by removing Indian Head Rock, which was registered by the University of Kentucky as a protected archaeological object in 1986, without a permit.
In addition, Judge William Marshall of the Scioto County Court of Common Pleas sustained an earlier ruling by Greenup County Circuit Judge Bob Conley that then-Portsmouth, Ohio Mayor Jim Kalb and witness Bill Glockner were material witnesses in the case.
Based on these rulings, Marshall ordered both men to appear before the Greeunp County grand jury.
 Kalb and Glockner were scheduled to testify on July 24, 2008.

On Thursday, July 24, 2008, Shaffer appeared before Conley for arraignment in Greenup County Circuit Court.
He agreed to appear before the court to avoid being extradited from Ohio.
 Shaffer's attorney, Michael Curtis, entered a plea of not guilty on Shaffer's behalf to the charge of removing a state registered antiquity without a permit.
Shaffer was released on a $5000 signature bond.
 A pre-trial hearing was set for October 16, 2008.
In addition, Duvall announced that the grand jury had also issued an indictment against diver David Vetter of Portsmouth.
Vetter was also charged with one count of violating the Kentucky Antiquity Act.
Duvall stated that along with the indictments; the grand jury, which has since expired, issued a recommendation that future grand juries continue the investigation.
The State of Kentucky claimed ownership of the Indian Head Rock by virtue of its original location in the Ohio River, i.e., on the Kentucky side of the border between the two states, and due to the rock's inclusion in a registry of Kentucky antiquities. Due to this ownership claim, Greenup County, Kentucky Commonwealth's Attorney Cliff Duvall determined that Shaffer's removal of the rock from the river may have violated Kentucky's Antiquity Act, a Class D felony which carries a sentence of one to five years in state prison. On June 19, 2008, a Greenup County grand jury issued an indictment against Shaffer for violating the Kentucky's Antiquity Act by removing Indian Head Rock, which was registered by the University of Kentucky as a protected archaeological object in 1986, without a permit. In addition, Judge William Marshall of the Scioto County Court of Common Pleas sustained an earlier ruling by Greenup County Circuit Judge Bob Conley that then-Portsmouth, Ohio Mayor Jim Kalb and witness Bill Glockner were material witnesses in the case. Based on these rulings, Marshall ordered both men to appear before the Greeunp County grand jury.  Kalb and Glockner were scheduled to testify on July 24, 2008.
On Thursday, July 24, 2008, Shaffer appeared before Conley for arraignment in Greenup County Circuit Court. He agreed to appear before the court to avoid being extradited from Ohio.  Shaffer's attorney, Michael Curtis, entered a plea of not guilty on Shaffer's behalf to the charge of removing a state registered antiquity without a permit. Shaffer was released on a $5000 signature bond.  A pre-trial hearing was set for October 16, 2008. In addition, Duvall announced that the grand jury had also issued an indictment against diver David Vetter of Portsmouth. Vetter was also charged with one count of violating the Kentucky Antiquity Act. Duvall stated that along with the indictments; the grand jury, which has since expired, issued a recommendation that future grand juries continue the investigation.
Indian Head Rock