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Last updated on Thursday, June 21, 2012
(WASHINGTON) - Criminal action was officially filed and a warrant issued Wednesday for the arrest of suspended Washington Police Ptl. Barry Hudson.
Andrea McCann of the Washington Times Herald reports that Hudson is accused of battery resulting in bodily injury, a Class A misdemeanor, and official misconduct, a Class D felony, following a Christmas Eve 2011 incident in which he allegedly assaulted Kenneth Anderson, who was in custody.
At that time, Mayor Joe Wellman said Hudson initially was suspended for five days, which the police chief legally can do. He then was reinstated with pay until a disciplinary hearing, according to Wellman. Hudson currently is suspended without pay, according to WPD Chief Mike Healy.
Indiana State Police Detective Rick Magill is the investigating officer, and Martin County Prosecuting Attorney Mike Steiner is presenting the state's case. Steiner said an initial hearing is scheduled for July 3 but could be moved up to next week. He said Hudson will turn himself in before the hearing, and law enforcement officers will not serve the warrant on him unless he fails to turn himself in.
"The current plan is that, yes, he will turn himself in," Steiner said. "Doing it this way is pretty common in these types of cases. He has a lawyer, and I worked it out with his lawyer."
According to the probable cause affidavit, Hudson and then-Sgt. Steve Mize, who now is a captain, responded to a call at Our Lady of Hope Catholic Church, where they found Anderson, who appeared to be intoxicated. The affidavit states Anderson became belligerent and threatened the officers with physical harm when they talked to him, so they decided to place him under arrest.
Hudson transported Anderson the block and a half to the Daviess County Security Center, during which time the detainee allegedly threatened: "I'm going to find out where you live and I'm going to kill you." Mize arrived at the jail sally port first, on foot, followed by Hudson in his police car. The affidavit states Mize had no indication from Hudson during transport that there was a possibility of resistance or violence upon arrival at the jail.
According to the probable cause: "After Anderson exited Hudson's police car, Hudson placed his hands on Anderson and shoved him to the floor. Anderson's face bounced off the back left quarter panel of Hudson's car with enough force to cause the car to rock side to side several times. Anderson then went face first into the concrete floor of the sally port. Anderson was handcuffed behind his back during the incident in the sally port."
Anderson sustained a large laceration to his forehead, two chipped teeth and a loose filling. He was transported to Daviess Community Hospital, where he was treated and released, then transported to a Washington residence.
In a written report, Hudson stated Anderson was belligerent and threatening on the way to the jail. He said when Anderson got out of the car, he took a distinct step toward him and moved in as if to head-butt Hudson. He said Anderson was so close to his face he could feel beads of saliva hitting his face. Hudson said he used an academy-taught redirection technique to divert Anderson's body away from his.
Magill's investigation included review of the video recording of the incident captured by security cameras, as well as multiple interviews. He stated it did not appear to him that Anderson made any threatening moves toward Hudson.
A 17-year ISP veteran and graduate of the Indiana State Police Academy, Magill wrote: "There was nothing I observed that could justify the force used by Hudson toward Anderson, particularly when Anderson was handcuffed behind his back."
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