DEPUTY PROSECUTED FOR EXCESSIVE FORCE

Elkus & Sisson

Reid Elkus and Patrick Welsh defended a F.O.P. member who was criminally charged for an allegation that he used excessive force upon an inmate. The member was criminally charged with two counts of third-degree assault and two counts of harassment. The allegation is was that the F.O.P. member threw an inmate down on a chair, against a wall and body slammed him in the corridor. There was video footage of the use of force.

The F.O.P. member maintained and argued that to maintain order in a jail facility force was necessary. Several deputies testified for the prosecution however after cross-examination they ultimately became defense witnesses by agreeing that the acts of the inmate displayed was defensive resistance which permits strikes and even in the use of weapons. A use of force expert was retained and testified on behalf of the defense. Based on the charges against him, the member would lose POST and effectively end his career in law enforcement. After only an hour and a half of deliberation, The F.O. P. member was found not guilty.

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