Horrified judge sends Indianapolis cop to prison for stomping defenseless man's face
An Indianapolis police officer was sentenced to a year and a day in federal prison Friday after pleading guilty to stomping a handcuffed man in the face during a 2021 arrest in an act that a judge said "shocked the conscience."
Indianapolis Metropolitan Police Sgt. Eric Huxley will also be on home detention the first six months after he leaves prison, Judge Jane Magnus-Stinson ruled, stopping short of the sentence requested by prosecutors. Magnus-Stinson cited Huxley's lack of criminal history, his family's needs and his acceptance of responsibility for what he did.
But the judge said she "physically pulled away" when she watched the body camera footage of Huxley driving his foot down on Jermaine Vaughn's face. "It was that brutal," Magnus-Stinson said.
Vaughn wasn't in the courtroom, but Huxley had a message for him: "I failed you that day," he said before being sentenced.
He said he thinks about what he did every day, and he carries the burden of a single act that threw away an otherwise commended career as a police officer. "Please know I had no intention to step on your head or face," he said.
Prosecutors wanted a sentence that 'police officers will hear about'
Huxley, 44, who is still on suspension without pay from the police department, pleaded guilty in May to a felony of deprivation of rights under color of law. Federal prosecutors wanted him behind bars for 18 to 24 months.
U.S. attorney Tiffany Preston urged incarceration because "police officers will hear about it."
"They will pay attention to it... and hopefully that will change future behavior," she said, referring to police abuses of power.
Prosecutors said Huxley "betrayed the trust of the community he served" when he attacked Vaughn during the September 2021 arrest. He acted as a "rogue officer," they said.
His attorney, John Kautzman, wrote in response his client's actions were "serious and troublesome," but they amounted to "a one-time totally out of character lapse in judgment."
Kautzman pushed for no prison time, just probation, at the minimum. If the court didn't think that was appropriate, he suggested six months of incarceration plus a year of home confinement.
"This incident has been devastating not only for the victim, but also for Mr. Huxley and his family," Kautzman wrote. He said Huxley was worried about not being there for his teenage daughter, and not being able to care for his aging parents. His family has amassed over $50,000 in debt during the past two years and is "currently exploring" bankruptcy.
JERMAINE VAUGHN:Man kicked in face by IMPD officer at Monument Circle sues Indianapolis
Huxley will soon resign from the Indianapolis police force, Kautzman said. That will bypass the need for a hearing by the Indianapolis Civilian Police Merit Board, which makes officer discipline and termination decisions.
While Magnus-Stinson acknowledged his clean criminal history and past awards within the police department, she took issue with Huxley's characterization that he kicked Vaughn by accident while trying to hold him down with his foot.
"That's not what happened," Magnus-Stinson said. "That's not what's shown in the video." She referred once again to the kick's "senseless brutality." Prosecutors said Vaughn was completely restrained and posed no threat when it happened.
Huxley's federal charge carries a maximum sentence of 10 years imprisonment, a $250,000 fine and three years of supervised release after prison.
What happened during Jermaine Vaughn's arrest
Huxley was indicted in the federal Southern District of Indiana in October 2022, more than a year after the controversial and violent incident.
Body camera footage from Sept. 24, 2021, that was released by Indianapolis police, shows a handcuffed Vaughn falling on his back near the steps at Monument Circle downtown during his interaction with police. Moments later, Huxley is seen stomping his foot down on Vaughn's face.
Before Huxley kicked him in the face, Vaughn had been insulting another officer as they searched Vaughn's pockets and attempted to remove his belt. If the case went to trial, U.S. attorneys would have argued Huxley's act deprived Vaughn of his rights under federal law or the U.S. Constitution, including freedom from unreasonable force by a police officer.
Vaughn was charged in Marion County court with two misdemeanors of disorderly conduct and resisting law enforcement, but both charges were dismissed.
Huxley's state charges move forward
Huxley also was charged in state court. He faces two Level 6 felonies of official misconduct and battery in a case out of Marion County that's still pending. A hearing is scheduled for October.
In February, Vaughn sued Huxley, the City of Indianapolis, its police department and the other officers involved in his arrest. He's asking to be financially compensated for intentional battery, unlawful and excessive force, official misconduct, negligence and other claims. The lawsuit is pending.
PREVIOUSLY:Indianapolis officer who kicked handcuffed man in face pleads guilty to federal charge
Other officers involved sue police department, alleging retaliation
Two of the officers present during Vaughn's arrest are also involved in a lawsuit. They sued Indianapolis police, alleging retaliation after reporting Huxley's actions.
Matthew Shores and Christopher Kibbey faced "abusive ridicule, embarrassment and defamatory statements" by the chief and their superiors, their federal complaint states. Shores was placed on administrative leave, and Kibbey on administrative duty, "despite any wrongdoing on their part." The city's lawyers, on behalf of the police department, deny the allegations.