INDIANA
Two Indiana police officers — Cory Newland, 35, and Joshua Titus, 30, — were charged last week with federal civil rights officers with the Elkhart, Indiana, Police Department, were indicted yesterday by a federal grand jury, according to authorities.
They are charged with using excessive force against an arrestee.
The indictment charges Newland and Titus with a single count of deprivation of rights under color of law for using unreasonable force against the suspect.
A report by the Southbend Tribune and ProPublica stated that the mayor’s son, Sgt. Drew Neese, and Jason Ray, a corporal who is president of the Elkhart lodge of the Fraternal Order of Police, were in the room at the time two of their colleagues punched the man.
They walked over after their fellow officers began throwing punches, according to news report.
That clip shows Newland and Titus pushing the man, Mario Guerrero Ledesma, onto the floor and punching him after he spits toward Newland, according to reports.
According to the allegations set forth in the indictment, Ledesma, was brought into the booking area of the Elkhart Police Department and seated in a chair with his hands cuffed behind his back.
While sitting in the chair, Ledesma spat in the direction of Newland. The indictment alleges that Newland and Titus then repeatedly struck Ledesma in the face, causing him to fall backwards onto the floor, at which point Newland and Titus continued to punch him repeatedly while Ledesma remained handcuffed on the floor.
The indictment further alleges that Newland and Titus’s actions resulted in bodily injury to Ledesma.
“My Office takes allegations of civil rights violations seriously, including use of excessive force by police officers sworn to uphold the law,” said U.S. Attorney Thomas L. Kirsch. “Maintaining integrity in the criminal justice system by investigating and prosecuting police officers who step out of bounds with the law, while working with, training and promoting good relationships with law enforcement who operate within the law are important functions of my Office.”
“Today’s indictments send a clear message that the FBI won’t tolerate the abuse of power or victimization of citizens by anyone in law enforcement,” said Grant Mendenhall, Special Agent in Charge of the FBI’s Indianapolis Division. “The alleged actions by these individuals went against everything in the oath they took to serve and protect.”
Each defendant faces up to 10 years in prison if convicted.
They are presumed innocent unless proven guilty.