INDIANAPOLIS — Embattled Metro police Sgt. Eric Huxley appeared before a judge Tuesday afternoon on felony charges of official misconduct and battery.
Police body camera video captured Huxley kicking a man in the face during a Sept. 24, 2021 arrest for disorderly conduct.
Huxley faces state and federal charges. More than a year after the incident, a federal grand jury indicted Huxley for violating Jermaine Vaughn's civil rights by using excessive force.
Huxley appeared with his attorney, John Kautzman, in Marion Superior Court, for a brief hearing Tuesday afternoon. Kautzman told Judge Jose Salinas that the prosecutor has offered a plea agreement.
“Whether or not that plea agreement is reasonable and accommodates an appropriate outcome of the case, we don't know yet or it may need to go to trial,” Kautzman said after the hearing. “So, we just haven't made that final determination yet. We're still in discussions with the prosecutor's office and with the (United States) Department of Justice on whether or not we can work this matter out or not. That remains to be seen and we should know a lot more within the next month."
The next state court hearing is set for April 4. The federal case has a hearing set for April 12.
Huxley remains suspended without pay with a recommendation of termination from the IMPD police chief to the Civilian Police Merit Board, but that board will not act on Huxley's employment until the criminal process is completed.
Huxley, a 15-year veteran of the police force, could resign from the police department as part of a plea deal. Does he want to continue his law enforcement career?
“All those considerations need to be deferred until we know exactly what the outcome of this case is going to be,” said Kautzman.
In addition, earlier this month, Jermaine Vaughn sued the city of Indianapolis, Metro Police, Eric Huxley, and the other officers involved. The civil suit claims intentional battery, unlawful arrest, unlawful and excessive force, official misconduct, negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. No court dates are scheduled yet in that civil case filed in Marion Superior Court.
Police responded to Monument Circle in September 2021 after a call for disorderly conduct. Court documents say Vaughn, who was homeless, was being "loud and disorderly" and was asked to quiet down. When he didn't, officers arrested him.
While Vaughn was in handcuffs, the lawsuit alleges officers pushed him up the concrete steps on Monument Circle and then pushed him down on the concrete at the plateau of the steps.
The lawsuit says the officers proceeded to "forcibly" pin Vaughn to the ground before Huxley "used excessive and unlawful force when he viciously attacked and kicked" Vaughn.
Bodycam video shows Vaughn on his back with his hands in cuffs when Huxley kicked him in the face, immediately causing his mouth to bleed.