(INDIANAPOLIS) - The conviction and sentence of Brian C. Hostetler was upheld by the Indiana Court of Appeals recently.
Hostetler appealed on the ground that the prosecutor had not proved his guilt of a battery with a deadly weapon beyond a reasonable doubt, according to the appeal.
A Lawrence County jury convicted Hostetler of the Class C felony in September 2011 in Lawrence Superior Court I.
Hostetler, 50, Coatesville, struck Bedford Police Department Officer Kye Louden in the side with a deadly weapon, a hammer handle, while resisting law enforcement on March 3, 2011.
The jury, however, found Hostetler not guilty of a third count, battery resulting in bodily injury.
The officer, according to Bedford Chief Dennis Parsley, had responded to Spider Creek Bridge to assist a parole officer who was trying to pick up Hostetler on a probation violation.
Hostetler pulled a hammer from his clothing and began swinging it at the parole officer, Parsley said. When Bedford officers arrived, they found Hostetler under the bridge with the hammer. The officers surrounded the man, who said he didn't want to go back to jail. As they closed in on him, Louden was hit in the side with the handle of the hammer. Parsley said Louden suffered no serious injury and only pain to his side.
Hostetler is serving his sentence at New Castle Psychiatric Unit with his earliest possible release date March of 2013.
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