Former correctional officer David M. Schwartz, 48, admitted in his plea agreement to punching the detainee in the face 'while he was handcuffed and posing no threat.'
Civil court documents in the Western District of Kentucky reveal T.W. to be Terry Whitehead, a Louisville resident who filed a federal civil rights lawsuit in May 2018, still ongoing, against Schwartz and another officer involved in the incident.
Schwartz took his role in the cover-up even further, filing a citation against Whitehead for third-degree felony assault. In Kentucky, this kind of assault is considered a Class D felony, which carries with it a potential prison term of five years and a mandatory minimum of one year. He was charged with and pleaded guilty to filing false reports and depriving Whitehead of his civil rights.
The criminal charges levied against Schwartz carry a potential term of imprisonment of up to 50 years, although guilty pleas curry substantial favor with the courts when determining a sentence. The charge against Gentry carries a maximum sentence of 20 years.
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