Indianapolis officer gets federal prison time for stomping man's face, still has job

Indianapolis Metropolitan Police Sgt. Eric Huxley was sentenced Friday to one year and a day in federal prison, followed by two years of supervised release, after he stomped a man's face during an arrest. He'll be on home detention the first six months after he leaves prison.

Judge Jane Magnus-Stinson with the U.S. District Court for the Southern District of Indiana did not give as lengthy a prison term as requested by prosecutors, citing Huxley's lack of criminal history, his family's needs and his acceptance of responsibility for what he did.

But she did admonish him for committing an act that "shocked the conscience."

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 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," she said Friday.

"They will pay attention to it ... and hopefully that will change future behavior," she said, referring to police abuses of power.

Prosecutors previously wrote in a sentencing memorandum 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.

More: IMPD officer charged with 2 felonies, suspended in Monument Circle arrest, police say

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

Police Chief Randal Taylor has asked the Civilian Police Merit Board to fire Huxley — a decision the board will make after the criminal process is complete, IMPD said in a release Friday. However, Huxley's attorney said he will soon resign from the Indianapolis police force, bypassing the need for a board hearing.

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 on 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 pointed out to Magnus-Stinson that Vaughn was completely restrained and posed no threat when it happened.

The federal charge Huxley pleaded guilty to 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 IMPD, shows a handcuffed Vaughn falling on his back near the steps at Monument Circle during his interaction with police. Moments later, Huxley is seen stomping his foot down on Vaughn's face.

Guilty plea: IMPD officer who kicked handcuffed man in face accepts guilt for federal rights charge

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 other cases move forward in state court

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. Its next hearing is scheduled for October.

In February, Vaughn sued Huxley, the City of Indianapolis, IMPD 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.

That lawsuit is pending after Marion Superior Judge Heather Welch denied in August parts of a motion to dismiss, only granting the defendants' request to remove Indianapolis mayor Joe Hogsett and IMPD Chief Randal Taylor from the suit. No hearing is currently scheduled in the lawsuit.

Other officers sue IMPD; US attorney Myers comments on case

Two of the officers present during Vaughn's arrest are also involved in a lawsuit. They sued IMPD.

Matthew Shores and Christopher Kibbey said they were retaliated against after reporting Huxley's actions. They 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 IMPD, deny the allegations.

Their lawsuit is pending.

While the legal fallout from the assault continues, U.S. Attorney for the Southern District of Indiana Zachary Myers said during a press conference Friday what happened in September 2021 has effects beyond the courtroom.

"If Indianapolis’ police officers enjoy less esteem today than they once did, then Mr. Huxley, who stood upon the city’s most recognizable landmark in his police uniform and literally drove his heel into a defenseless citizen, may well bear some of the responsibility," Myers said.

IndyStar reporter Sarah Nelson contributed.

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@indystar.com. Follow him on Twitter @IndyStarJohnny

This article originally appeared on Indianapolis Star: Indiana police sergeant who kicked man in face sent to federal prison