By TOMMY REZAC
St. Joseph Post
Criminal charges have been filed against a St. Joseph Police sergeant who allegedly assaulted a suspect in handcuffs.
Buchanan County Prosecuting Attorney Ron R. Holliday says charges have been filed against St. Joseph Police Sgt. James W. Langston for assaulting a suspect identified as Navada M. McEvoy.
The assault apparently happened while McEvoy was under arrest, handcuffed and not physically resisting officers, according to Holliday.
Langston is charged with fourth-degree assault against a “special victim.” It's alleged McEvoy was a special victim under Missouri Law, because he was handcuffed and thus a “vulnerable person," as specified by state statute.
The probable cause statement alleges that Langston struck the victim with an open hand multiple times while the suspect was in handcuffs and not physically resisting officers. No injuries were sustained from the assault.
Fourth-degree assault against a “special victim” is a Class A Misdemeanor in Missouri and the range of punishment is up to a year in the county jail, and/or a fine not exceeding $2,000.
After a suspect is in custody and handcuffed, a law enforcement officer must take all reasonable steps to protect the person under arrest, because that person is then vulnerable, according to a statement from Holliday.
Holliday commends "the professional and transparent manner in which the St. Joseph Police Department handled this investigation from beginning to end."
The assault allegation was reported by other officers on the scene, which triggered the police investigation, which was then reported to Holliday "within hours."