Deputy Used Excessive Force on Two
Occasions While on Duty
U.S. Attorney’s Office December
04, 2014
Southern District of Indiana (317)
226-6333
TERRE HAUTE—Acting United States Attorney Josh
J. Minkler announced this afternoon the sentencing of Terry Joe Smith, a/k/a
T.J., age 38, of Greencastle, Indiana. Smith who served as a deputy with the
Putnam County Sheriff’s Department was sentenced to 14 months by U.S. District
Judge William T. Lawrence. Smith was found guilty after a jury trial in
September of this year on two counts of deprivation of civil rights under color
of law.
“The public has a right to expect
better from their law enforcement officers,” said Minkler. “It is certainly a
tragedy when a law enforcement officer with a family choses to violate the
civil rights of our citizens, but it would be a far greater tragedy if T.J.
Smith was not held fully accountable for his unlawful use of force in this
case.”
Testimony at trial indicated that
Smith used excessive force against citizens on two occasions in his capacity as
a Putnam County Sheriff’s Deputy. These incidents occurred on West Stardust
Road and at the Lazy Acres trailer park in Greencastle.
On one occasion Smith punched a
victim in the face after other officers had secured the victim resulting in
serious bodily injury. The second offense occurred at the Lazy Acres Trailer
Park in Greencastle when Smith threw a handcuffed person to the ground and
drove his knee into that person’s back while lying on the ground.
Law enforcement officials are
subject to criminal prosecution whenever evidence exists that they knowingly
abuse their authority and deprive individuals of their constitutional rights.
Such acts of misconduct, known as acts committed under “color of law,” include
allegations of excessive force.
“The FBI will vigorously pursue
law enforcement officers who violate their sacred duty to protect and serve,”
said Special Agent in Charge W. Jay Abbott. “The vast majority of law
enforcement officers serve bravely and with great integrity in the performance
of their duties.”
Minkler praised the outstanding
law enforcement work by the Federal Bureau of Investigation. The FBI is a
leading partner in the U.S. Attorney’s Public Integrity Working Group, which
was launched in April 2012 with the stated purpose of aggressively
investigating allegations of public fraud, waste and abuse by public officials
in Indiana.
According to Assistant United
States Attorneys Bradley A. Blackington and MaryAnn T. Mindrum, who prosecuted
the case for the government, Smith will serve two years of supervised release
after his sentence.
