Owsley Co, Citizens For Fiscal Court Oversight
Owsley County Sheriff
Kentucky Revised Statutes Chapter
IX - COUNTIES, CITIES, AND OTHER LOCAL UNITS
Kelly Shouse, Sheriff
Owsley County Sheriff's Department
P.O. Box 70
Booneville, KY 41314
Fax - 606-593-7906
KRS 70.060 Sheriff may command power of county.
Any sheriff, deputy sheriff or other like officer
may command and take with him the power of the county, or a part
thereof, to aid him in the execution of the duties of his office, and
may summon as many persons as he deems necessary to aid him in the
History: Amended 1962 Ky. Acts ch. 234, sec. 16. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 4578.
Audit Report & Press Release
Ohio man accuses Owsley deputy of assault.
By Bill Estep at 12:00am on Dec 30, 2010
firstname.lastname@example.org Modified at 6:41am on Dec 30, 2010
An Owsley County sheriff's deputy assaulted an Ohio
man without provocation, breaking his left eye socket and nose, a
federal lawsuit alleges.
State police and the FBI are believed to be
investigating the deputy, Michael Havicus, and Booneville Officer
Timothy Marshall, who failed to stop the attack, and both might face
criminal charges, the lawsuit says.
The alleged assault happened in October, when John
Adkins of Clinton County, Ohio, was attending a horse-riding event
called the Fall Trail Ride in Owsley County with his fiancée,
Kerri Vandiver, according to the lawsuit.
On Oct. 8, the two went to hear a band perform at the
Owsley County Saddle Club grounds. That night, Havicus and Marshall
came to the event because of a report of an intoxicated woman.
The lawsuit says the band was told to shut down.
Adkins, who was not drunk, wanted to see the rest of the performance
and asked "quietly and calmly" that the band be allowed to
continue playing, the lawsuit said.
Immediately after he made the request, Havicus hit
Adkins in the face with an expandable baton, the lawsuit says.
Adkins did nothing to provoke the attack, the lawsuit contends.
After Adkins fell to the ground, momentarily
unconscious, Havicus jumped on his back, jerked his arms behind his
back and restrained him, then sprayed a chemical in his face and hit
him at least two more times in the head with his baton, the lawsuit said.
Havicus kept yelling for Adkins to stop resisting, but
Adkins didn't resist, the lawsuit says.
Marshall did nothing to stop the attack, the lawsuit says.
While still on the ground, Adkins asked for water to
flush out his eyes, and a bystander offered to help him, but the
officers refused to help Adkins and wouldn't let the other man help him.
The officers put Adkins and his fiancée in the
back of a police cruiser, but dropped them off at a campground and
never charged Adkins with any crime, the lawsuit said.
A student emergency medical technician helped clean a
large cut under Adkins' left eye. He later went to a medical facility
in Breathitt County, where he was told he had a broken eye socket and
nose and two knots on his head, the lawsuit said.
Several people witnessed the incident and have since
corroborated that Havicus hit Adkins without provocation, the lawsuit said.
Attempts to reach the officers Wednesday evening were
not successful. A recording at a number listed to Havicus said the
phone was not in service.
Adkins has since been treated for blurred vision,
headaches and issues with memory loss, the lawsuit says.
Adkins is a heavy-equipment mover, but has missed a
lot of work because he can't drive with blurred vision or while on
pain medication, the lawsuit says.
The complaint alleges that Havicus assaulted Adkins
and that both officers used excessive force, violated his
constitutional rights, falsely imprisoned him and were deliberately
indifferent to his need for medical attention.
The action seeks unspecified damages from the two officers.
Read more: http://www.kentucky.com/2010/12/30/1582299/ohio-man-accuses-owsley-deputy.html#more#ixzz1AMunV12D