Can a Security Guard Arrest Me?

Posted on March 13, 2017 by admin

The basic job description of a security guard is to observe, monitor, guard, and patrol a premises in order to prevent crimes and violence. Although arrests are not mentioned in their general job description, security guards can make arrests, or rather, detainment’s, but not in the same way as police officers can, and only under certain circumstances. Continue reading to learn more about security guards and the limits of their arresting authority.

The Job of a Security Guard

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Here are the general duties required of a security guard:

• Patrol and guard commercial premises;
• Prevent unlawful intrusions or trespassing;
• Circulate among patrons to maintain order;
• Write reports of daily activities and indiscretions they observe;
• Answer to and investigate sounded alarms;
• Monitor and authorize the coming and going of employees and patrons;
• Contact police or fire department in the case of emergencies and when crimes occur;
• Answer phones and take messages after-hours, or when switchboards are turned off;
• Operate detecting devices on patrons and employees to prevent unauthorized passage of materials into restricted areas;

Citizens Arrests

As you can see, a security guard has a lot of authority in terms of guarding and protecting, but their authority to arrest a person is limited. They are a private citizen just like the rest of us, just in uniform. So they cannot actually arrest a person like police can, but they do have the right to make a citizen’s arrest, just as we all do. However, a citizen’s arrest can only take place under certain, specific circumstances.

In contrast to police, who can arrest anyone they choose to arrest as long as they have reasonable cause to believe that person committed a public offense, security guards can only restrain and detain a person by citizen’s arrest if: 1) the offender committed a felony, or 2) the offender attempted to commit, or did commit, a misdemeanor in their presence. In the case of a felony, the offense must have actually been committed for a security guard to make a citizen’s arrest. In the case of a misdemeanor or infraction, the crime must have been made or attempted in the presence of the security guard.

On top of these circumstances, a security guard must also verbalize specific information to the offender while making the citizen’s arrest. This includes clearly explaining to the person that they are being arrested, why they are being arrested, and their authority to make the arrest. These are colloquially referred to as the magic words that must be used for a lawful citizen’s arrest. And the last stipulation for a security guard who makes a citizen’s arrest is to contact the police immediately after apprehending an offender and turn them over.

Indianapolis Criminal Defense Law Firm

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to speak with an experienced Indianapolis criminal defense lawyer who cares about your rights and your freedom. Our criminal defense law firm offers free initial consultations to discuss your criminal charges and the best strategies for avoiding the maximum penalties for them. Call 317-636-7514 to get started, today.

What to Do if Immigration Police Show Up at Your Door

Posted on March 7, 2017 by admin

With the new threats of deportation looming in every neighborhood across the country, it is important for non-citizens to learn their rights. Especially in the case of immigration police showing up unexpectedly at their door. If you are a non-citizen or foreign national who has been living and working in the United States for a long period of time, you do have rights. And you should know these rights before placing yourself in a sticky legal situation. If immigration police, or ICE, shows up at your door, learn what you should to in order to protect yourself and your freedoms.

The United States Immigration and Customs Enforcement Office (ICE)

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The United States Immigration and Customs Enforcement Office, also known as ICE, are responsible for upholding homeland security and public safety by enforcing certain federal laws concerning border control, trade, customs, and immigration. If you are a non-citizen, and ICE shows up at your front door, here’s what to do to protect your rights:

DO NOT OPEN THE DOOR. You do have rights, and one of them may be your right to refuse entry to ICE officers. But it depends.

ASK IF THEY HAVE A WARRANT SIGNED BY A JUDGE. Be sure to do this with the door still closed. If the ICE officers insist they have a warrant signed by a judge, ASK TO SEE IT. They can slip it under the door, through a mail slot, or press it against the peep hole.

Here’s what you need to know about an ICE Administrative Warrant:
Forms 1-200 and 1-205 DO NOT allow ICE officers to enter your home without your permission. If you do not consent, they cannot come inside.

With Or Without A Warrant:

DO NOT RESIST. If the ICE officers have a valid warrant signed by a judge, you need to comply with their demands. Simply remain silent and cooperate. Contact a lawyer from jail as soon as you are given phone privileges.

If the ICE officers use force to enter, with or without a warrant, DO NOT RESIST. Remain calm and instruct everyone inside the home to remain absolutely silent. The more combative you are, the more trouble you will experience.

If You Are Arrested:

Remain calm and do not say one word. Do not sign anything or say anything until you have spoken to your lawyer. Call them as soon as you are given phone privileges at jail. Choose an experienced criminal defense attorney to help preserve your rights, your freedoms, and perhaps your citizenship.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. We offer free initial consultations and work around the clock to ensure your rights are protected. Call 317-636-7514 to schedule a consultation with an Indianapolis criminal defense lawyer you can trust.

The Penalties for Getting Caught With Marijuana in Indiana

Posted on March 1, 2017 by admin

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Although there has been a rising trend of legalizing certain forms of marijuana possession, use, and cultivation throughout the country, Indiana is not a state that has joined in with the rest. Marijuana laws are still in full-effect, which means the possession, use, and cultivation of marijuana is still very-much illegal in all senses. If you are caught breaking any drug possession laws for marijuana, you are bound to face penalties. Continue reading to learn what you can expect if you are facing marijuana possession charges in Indiana.

Indiana Marijuana Laws

Under Indiana criminal law, marijuana also includes hash and hash oil. The legal ramifications you face depend on the amount of marijuana you are caught with, and your intended use. Penalties are harsher for those who intend to sell or distribute marijuana, rather than those who only intend to use it for personal use. Then there are several enhancements that can increase the penalties you face for possession of marijuana. Common enhancements factored into drug possession penalties include priors, manufacturing, within 500 feet of school grounds or school bus, in the presence of children, dealing to minors, and more. If any of these factors are true of your crime, penalties will likely be more severe.

Under 30 Grams of Marijuana =

‣ Class A Misdemeanor
‣ Up to 1 Year in Jail
‣ Up to $5,000 in Fines

Over 30 Grams of Marijuana =

‣ Level 6 Felony
‣ Up to 3 Years in Prison
‣ Up to $10,000 in Fines

Enhancements and Conditional Discharges

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If certain enhancements apply, including intent to sell and distribute, charges can be increased to Level 5 felonies, which are punishable by up to 8 years in prison and $10,000 in fines. If a person is caught for the first time with marijuana, they may be eligible for “conditional discharge”, which is basically a “free pass” on a marijuana charge. Upon conditional discharge, an offender is usually ordered to perform other forms of penalties, including supervised probation, random drug screening, community service, and fines.

Marijuana charges are not simple. They vary from case to case, and can be quite complex. For this reason, it is vital to hire an experienced Indianapolis criminal defense lawyer if you are facing marijuana charges in Indiana. They have the knowledge and resources necessary to protect your rights and preserve your freedoms.

Indianapolis Criminal Defense

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing drug charges in Indiana. We work around the clock to ensure your rights are protected and your freedoms are preserved. Our criminal defense law firm offers free initial consultations to discuss the best strategies for defense. Call 317-636-7514 to schedule yours, today.

What is Going to Happen at My Pre-Trial?

Posted on February 21, 2017 by admin

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If you were arrested and charged with a crime in Indiana, you have the option of taking your case to trial, rather than enter into a plea deal. Nearly all cases never go to trial, but if you are adamant about your innocence, you can opt for a trial by jury, or a bench trial. Bench trials, however, are only granted if all three parties (the judge, the prosecutor, and the defense) agree to a bench trial. In a bench trial, the judge is the sole decision making and decides on the final verdict. At a jury trial, the jury decides the verdict and the judge decides the sentence. But the sentence is not handed down at the pre-trial.

If you are preparing to go to trial to fight the criminal charges against you, it is important to know what to expect. Discuss your trial expectations and concerns with your criminal defense lawyer for a better understanding of the criminal process. In the meantime, continue reading for a brief explanation of what happens at a criminal trial in Indiana.

Trial By Jury

The judge decides which facts and evidences are allowed to be presented at trial. Both your attorney and the prosecuting attorney will take turns making certain objections until the judge makes a final decision. Then a jury is selected and instructed by the judge. From there, your pre-trial will commence with the prosecution’s opening statements.

After the prosecution’s opening statements, the prosecuting attorney will present all evidence against you. It is the burden of the prosecution to prove that you are guilty beyond a reasonable doubt. When the prosecuting attorney is finished presenting their evidence, they will begin to call witnesses to the stand for testimony. During this time, the defense will be given an opportunity to cross-examine them one at a time, questioning the honesty, validity, and accuracy of each witness’ testimony.

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When the state rests, the defense will take their turn to give their opening statements and present their case. Once the defense has given their case summary and presented their evidence, they will begin to call their witnesses to the stand, during which the prosecution will also have a chance to cross-examine each one.

When cross-examinations are through, both parties rebuttal the evidence presented. When this portion of trial comes to a rest, closing arguments are made. The state will go first and last, with the defense closing arguments in between.

After closing arguments, the judge will instruct the jury once more, and then ask them to begin deliberations. Jury deliberations can last anywhere from a few minutes to a few hours or more. Some juries have deliberated for weeks and months at a time; it just depends on how long it takes for them to come to a unanimous agreement. But in most cases, it takes less than a few hours.

When the jury does come to an agreement, they will reenter the courtroom and the judge will ask them to read their verdict. Then they will deliver a “guilty” or “not guilty” verdict. If you are found guilty, the judge will schedule a sentencing trial, usually within 20 to 30 days. During this trial, you will be handed down a sentence for your conviction. If you are found not guilty, you are simply free to go home and will not have to appear at any more trials or hearings.

Keep in mind that all cases vary depending on their individual circumstances, and the process could differ among defendants. It is important to learn what to expect at your trial from your Indianapolis defense lawyer. They can apply your unique case details and circumstances to the trial process, and explain what will happen in a language you can understand.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to get the aggressive Indianapolis criminal defense you need to avoid the maximum penalties for your charges in Indiana. We offer free initial consultations to discuss your charges and the best strategies for defense. Our team works around the clock to ensure your rights are protected and your freedoms are preserved. Call 317-636-7514 to schedule a meeting with an experienced criminal defense lawyer in Indianapolis, Indiana.

Why You Never Waive Your Right to an Attorney

Posted on February 14, 2017 by admin

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When you are arrested as a suspect in a crime, before you are even officially charged your first priority should be to contact a licensed and experienced criminal defense attorney. Being charged with a crime is a very serious matter, regardless of the severity of charges or penalties. Whether you are caught shoplifting a stick of gum or driving while intoxicated, a criminal record is a serious matter that requires adept legal representation.

A lawyer has the skills, resources, and professional connections to work the best possible defense against your charges in order to protect your rights and preserving your freedoms. If you want to avoid the maximum penalties for your criminal charges, you need an attorney.

Public Defense

Although you have the option of choosing a public defender, who are also real lawyers, there are numerous downfalls for going that route. There are monumental differences between a public defender and a criminal defense attorney, and several advantages in using private counsel rather than public defense. But having legal representation either way is important, so be sure to never waive your right to an attorney if you are charged with a crime.

You Can’t Represent Yourself

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Thinking you can represent yourself in your criminal case is a major misconception. Anyone who does not professionally practice criminal defense is incapable of representing a criminal case successfully. There are various complexities involved, all of which vary themselves depending on the individual circumstances of the case. So taking the risk of waiving your right to counsel and losing your case can render severe short term consequences, but also ones that follow you throughout your entire life.

Criminal Charges Come With a Criminal Record

Criminal charges don’t just come with a list of penalties, like possible jail time, hefty fines, court fees, filing costs, probation, community service, suspended drivers’ license, and random drug screening. Criminal charges come with a permanent record. And a criminal record, regardless of its severity, can hold a person back from several opportunities in life, including viable employment, promotions, professional licenses, home ownership, proprietorship, governmental clearances, and much more. It can even implicate a couple’s ability to adopt a child. So it is important to handle a criminal charge it the most aggressive and sure-fire way, and that is to always take advantage of your right to hire an attorney. Never waive your right to counsel.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indianapolis, Indiana. He is a licensed and aggressive criminal defense lawyer that will stop at nothing to protect your rights and preserve your freedoms, regardless of the crimes you are charged with. Our Indianapolis criminal defense law firm offers free initial consultations to discuss your case and the possible strategies for defense. Call 317-636-7514 to get started on yours, today.

Common Internet Crimes and Penalties

Posted on February 9, 2017 by admin

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Internet crime, also known as cybercrime or computer crime, is an increasing threat across America. Cybercrimes are criminal offenses conducted using modern telecommunication networks, namely the internet and mobile phones. They are classified as offenses committed directly or indirectly against a person or group of people with a criminal motive to purposefully cause the victim harm or loss. This includes physical harm, mental harm, and harm to one’s reputation, as well as, losses such as money, assets, companionship, employment, security, and more. They are serious crimes that come with serious penalties.

Continue reading to learn some common types of internet crimes and the penalties offenders can face for committing them.

Cybercrime

There are various types of cybercrimes, and even more ways to commit them. And we’re not talking about illegally downloading movies and music; although these are common internet infractions as well, they tend to render little to no consequences except personal ethical remorse. We are discussing the more serious types of internet crimes; the ones that come with serious penalties here in Indiana. The most common types of cybercrimes that occur in the Hoosier state include but are not limited to:

Fraud ➟ Fraud on the internet can come in many forms. A common example is obtaining money or property under false pretenses or promises. For instance, selling false or non-existent merchandise online, and failing to deliver.

Identity Theft ➟ Identity theft is one of the most frustrating and devastating crimes for victims. A common example of identity theft is when a person uses another person’s personal information to open and utilize bank accounts and credit lines. Other identity thieves steal individual’s bank account numbers, credit and debit card numbers, social security numbers, and more. They either sell this information or they use it themselves for financial gain. It can ruin a person’s reputation and credit score for life.

Hacking ➟ Accessing a person’s personal information for the purpose of malicious destruction or commercial advantage via the internet is a form of hacking, but the versions you see in the movies and on television are quite accurate as well. There are many forms of hacking (business accounts, social media profiles, email, corporate files, government databases, websites, etc.), but fundamentally, hackers illegally access information online using illegal methods.

Stalking ➟ Internet stalking is a crime. It can come in the form of harassment, pestering, bullying, threats, slander, libel, and more. It is most common among youths.

Extortion/Blackmail ➟ There are also many forms of extortion, but in terms of cybercrime, it can occur when a person blackmails another person via a modern telecommunications network. For instance, a person could threaten to release embarrassing photos or information about another person unless they give them money, assets, promotions, or something else of value.

Sports Betting ➟ Online sports betting and wagering is a federal crime. There are laws surrounding non-sports online betting and internet gambling that vary state to state, but wagering on sports on the internet is illegal.

The Indiana Cyber Crime Unit

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In May of 1998, Indiana formed the Cyber Crime Unit to provide law enforcement assistance in internet criminal investigations. Within this specialized unit are 6 sergeants who conduct forensic retrieval of digital evidence, and over 28 trained digital media specialists. They are trained to be on the constant look-out for internet criminal activity. This makes it extremely difficult (if not virtually impossible) for anyone to get away with cybercrime in Indiana. If you are caught committing a cybercrime, you can expect to face some stern charges and penalties.

Penalties for Cybercrime

The penalties for cybercrime vary, and they depend on several factors, including the severity of the crime, the offender’s criminal history, local ordinances, age of offender, and more. In Indiana, cybercrime can earn an offender anywhere from 6 months to 20 years in prison, and up to $10,000 in fines. This does not include court fees, attorney fees, filing fees, and more. It is important to retain the services of an experienced Indianapolis criminal defense attorney to protect your rights as a suspected offender and to protect your freedoms.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 if you are facing charges for cybercrime in Indiana. Our law firm works around the clock to ensure your rights are protected. Attorney David E. Lewis has extensive trial and litigation experience and is the aggressive criminal defense lawyer you need in your corner when facing serious criminal charges in Indiana. Call 317-636-7514 to set up a free initial consultation to discuss your criminal case and determine the best strategy for your defense.

What To Do After Receiving a Subpoena

Posted on February 1, 2017 by admin

Indianapolis Criminal Defense Attorney 317-636-7514

A subpoena is a court-issued legal document that is typically received via postal mail. There are two types of subpoenas, both of which requires a recipient to provide evidence or information in court. The first type of subpoena requires a recipient to provide an oral testimony in court. The second requires a recipient to provide records and information to the court, such as documents, video recordings, audio recordings, and other forms of evidence.

Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.

Were You Subpoenaed?

Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.

For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.

If you were subpoenaed, here’s what to do:

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The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.

If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.

If you need to deliver a subpoena…

Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.

Indianapolis Criminal Defense Attorney

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to learn more about subpoenas in Indianapolis, Indiana. If you are involved in a criminal matter that requires your testimony, speaking with a seasoned Indianapolis criminal defense attorney can clear up any confusion or anxiety you have about the case and the information you retain. Protect your rights when involved in a subpoena request. Call 317-636-7514 to get started today.

Is it Possible to Reduce My Criminal Charges?

Posted on January 24, 2017 by admin

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One of the most common reasons why defendants retain criminal defense representation is to avoid the maximum penalties for their charges. This includes fighting to reduce their criminal charges and the consequences that come with them. So yes, it is possible to reduce criminal charges, however, this does not mean that everyone will have theirs reduced. All cases vary, and the chances of reducing criminal charges and avoiding maximum penalties for them depend on a long list of factors. These factors are wide-ranging, but definitively include one’s criminal history, the state the crime was committed, and the severity of charges.

Plea Bargains

One of the most common strategies used to reduce criminal charges is an agreement called a plea bargain. A plea bargain is basically a deal that is arranged between the prosecution and the defense in which each party “gives something up” in exchange for something they want. For example, the prosecution might offer lesser charges (giving up the opportunity to prosecute at the fullest extent of the law) in exchange for a guilty plea by the defense (who gives up pleading non-guilty).

In order to get to the place of initiating a plea bargain, the court must first agree to it as well. A judge or magistrate of the court must review the plea bargain and sign off on it before it can be implanted by the defense. This way, the courts know a defendant was not coerced in any way to plead guilty to their criminal charges.

Aggressive Criminal Defense

It is important to know that plea deals work differently among jurisdictions, as well as, courts, magistrates, and more. Each case is unique so one strategy might not work for another. It is vital to retain experienced and aggressive criminal defense for the best chance at avoiding maximum or unfair penalties for your criminal charges.

Indianapolis Criminal Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss the best strategies of defense for your Indiana criminal charges. Our law firm works around the clock, using every resource in our power, to protect our client’s rights and preserve their freedoms. Call 317-636-7514 today and schedule a free initial consultation to get started on an impactful and strong defense against your criminal charges in Indianapolis, Indiana.

How to Seal Your Arrest Record After a Diversion Agreement

Posted on January 16, 2017 by admin

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Minor arrests that do not result in criminal charges are rare but not uncommon in Indiana. Infractions like public intoxication, for example, are generally dealt with by arresting the offender and placing them in a holding cell, colloquially known as the “drunk tank”, and then released without being charged with a crime once they are sober. This is intended to keep citizens safe from themselves and others when overly-intoxicated and behaving alarmingly in public.

In other cases, offenders are not so lucky. But many are given the chance to enter a diversion agreement in place of stricter penalties and jail time if their offense did not involve aggressive conduct.

Diversion Agreements

A diversion agreement is a contract that is generally negotiated between the prosecutor and the criminal defender. The agreement allows the charges to be dismissed after one year if the defendant meets certain criteria. Criteria mostly includes refraining from criminal activity and arrests, as well as, not violating probation or any mandatory court orders. This is a great program for first-time offenders who are caught committing a minor crime or infraction. It gives them a second chance. But even though charges are dropped at the conclusion of the year, the arrest will still linger on their permanent record.

Arrest Records

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When a person is arrested, but not charged, or they enter a diversion agreement, their criminal record won’t show a conviction, but it will document the arrest and the details surrounding it. For some, especially those in political or professional positions, having even an arrest on their record is life-changing and can affect certain areas of their life, both vocationally and personally.

For this reason, many people choose to have their arrest records sealed. And the new Indiana Second Chance Law allows qualifying Hoosiers to do just that. Continue below to learn how you can determine your eligibility for record sealing, and where to get started.

Sealing an Arrest

Indiana arrest records can be sealed after one year from the date of the arrest. But keep in mind that there are more qualifications aside from the amount of time that has passed. If you are interested in sealing your arrest records, you can petition to do so at your local county clerks’ office. However, it is not recommended to file without professional assistance. The process of sealing arrest records is highly-complex and tedious. Just one clerical error or missed deadline can revoke your right to petition forever. You must retain the services of an experienced Indianapolis criminal attorney for helping with the filing and petition process. This will guarantee success in terms of proper filing.

Indianapolis Criminal Defense

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 to seal arrest records in Indiana. He works around the clock to ensure your petition is carefully managed and filed in every aspect. And his services start as low as $850, so virtually anyone can afford to clear their criminal records or petty crimes and arrests. Call 317-636-7514 to schedule a free initial consultation with an Indianapolis criminal defense lawyer you can trust.

Can a Cop Be Fired for Excessive Use of a Taser?

Posted on January 9, 2017 by admin

Indiana Criminal Defense Attorney 317-636-7514

Police officers are an incredible and significant line of defense for our cities and surrounding communities. But sometimes, just as any person in any vocation, cops can make poor choices that result in serious penalties. For instance, using their registered weapons inappropriately. While on-duty, cops are faced with the difficult decision to use their weapons for defense and public safety, including flashlights, nightsticks, Tasers, and of course, firearms.

And how the officer chooses to use their weapons greatly depends on the actions of the suspect or suspects. However, there have been cases where an officer is accused of using their weapons in excess, resulting in unreasonable injury to a person. In these kinds of cases, the question of reasonability commonly arises, as well as, the whether or not the officer should receive a penalty for their actions. One such question arose in the small town of Peru, Indiana, involving a cop, a taser, and an elderly nursing home patient. Continue reading to learn what happened.

PERU CITY POLICE DEPARTMENT and City of Peru v. Gregory MARTIN

No. 52A02–1304–PL–350. Decided: September 03, 2013

In 2012, a Peru City police officer by the name of Gregory Martin was dispatched to Miller’s Merry Manor after a call to 911 was made by a nurse named Adam Chambers. Chambers made the call to request assistance transporting a combative patient to the hospital. The patient was James Howard, a 64 year old Alzheimer’s patient. Upon arrival, Officer Martin was joined by Officer Jeremy Brindle, and they were then escorted to the locked Alzheimer’s ward section of the facility.

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After asking staff to stay back and not intervene, the officers entered Mr. Howard’s room and found him sitting in a chair unclothed, and staring straight ahead. As the officers moved in closer, they ordered Mr. Howard to get on the gurney, but he did not obey the order. Instead, Mr. Howard began “shuffling” toward Officer Brindle with his fists clenched at his sides. Officer Brindle was cornered in a T-section hallway as he tried to grab Mr. Howard’s wrists and handcuff him. Unable to do so, Officer Martin then yelled, “Taser!” and deployed his onto Mr. Howard’s torso. Mr. Howard fell on the floor and laid on his back. He would still not comply with the officer’s commands, and turned over on his belly so he could not be handcuffed. As a result, Officer Martin ended up using the Taser on Mr. Howard 5 times, equaling a deployment of 31 seconds total.

After being admitted to the hospital, Mr. Howard’s injuries were documented, including a black eye, bruising, skin abrasions, and marks on his side. His wife was not pleased with the treatment he received by the officers on call. And for this, she filed a complaint with the Peru City Police Department for excessive use of a taser. An internal investigation followed, putting Officer Martin on administrative leave. The Peru City Police Chief, Chief Hoover, recommended Officer Martin’s termination after deciding he used excessive force with the Alzheimer’s patient. The City of Peru Board of Public Works and Safety conducted a hearing and agreed with Chief Hoover, so Officer Martin was discharged and sought review in the trial court.

After reviewing Officer Martin’s Taser training that specifically teaches that Taser exposure for over 15 seconds, whether due to multiple applications or a continuous one, increases the risk of death or serious injury. The panel concluded, “Substantial evidence supports the Board’s findings, and its decision to terminate Martin for use of excessive force and conduct unbecoming of an officer was not arbitrary and capricious.” He was fired.

Learn the Facts First

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

When it comes to brushes with law enforcement, every situation is unique and requires a detailed look at the individual merits involved. For this reason, it is best to discuss your questions, concerns, and criminal charges with an experienced criminal defense attorney who can provide specific information regarding your individual circumstances. Contact David E. Lewis, Attorney at Law, at 317-636-7514 for experienced Indianapolis criminal defense you can trust.