Marion County Sheriff John Layton announced today that he has terminated a Deputy who has been criminally charged in an incident that occurred in the Arrestee Processing Center on May 20, 2012. David M. Carrico, 28 years of age, has been preliminarily charged with a D Felony and an A Misdemeanor for assaulting an arrestee. Carrico had been a member of MCSO since April 2005.
According to the probable cause affidavit, at the time of the incident there were six arrestees and two Deputies in the Receiving Room at the APC. One of the arrestees was Harry Hooks, Jr., 43 years of age. In the complaint filed after his release, Hooks alleged that Carrico kicked, punched and slammed him onto the floor causing injuries.
In a surveillance video of the incident, Hooks refused to face in the correct direction and called the Deputies “racists.” Otherwise, Hooks was not resisting arrest or fighting with Deputies or other arrestees. Carrico suddenly crossed the Receiving Room and put the handcuffed Hooks in a hand hold, and took him out of the Receiving Room into the outer bay area. Carrico led Hooks a few feet outside the Receiving Room door. There, Carrico threw Hooks to the floor, got on top of him, and forced him against the floor surface. It appeared in the video that at no time did Hooks resist or fight. Other Deputies quickly responded to assist in getting Hooks off the floor and back into the Receiving Room for processing.
After the incident, Carrico reported a bite wound to his right thumb, which a Deputy described as a “knick” in a report. Carrico was sent to the IU Health Clinic for evaluation. In a medical report, the treating physician described the injury as ”broke skin, minimal bleeding.” Carrico contended that he took down Hooks because he “pulled away from me in a very aggressive and violent manner.”
The video shows that all the arrestees in the Receiving Room were docile and compliant, no one was stirred to riot-like action, and no combative conditions existed in the room. The actions of Hooks in the bay area showed him as quiet, compliant and walking handcuffed in the custody of Carrico when the takedown occurred.
In addition to the termination of Carrico, Sheriff Layton has contacted the F.B.I. and requested a preliminary civil rights investigation by the U.S. Department of Justice to determine whether there were violations of federal law in addition to the state law violations filed by the Marion County Prosecutor.