LONDON, KY -- Charges have been reinstated against two former state troopers accused of assaulting a suspect in Laurel County while taking him to jail, reports the Lexington Herald-Leader in its Saturday edition.
Circuit Judge Roderick Messer ruled that a district judge erred in dismissing the charges against Mark C. Ridener and James P. Moore.
That means the case will go back to district court to be resolved by a trial or plea deal. The two could ask the state Court of Appeals to overturn the decisionl, reports the newspaper.
Eric Edwards, who represents Ridener, and Martin Hatfield, Moore's attorney, said they hadn't yet decided whether to appeal.
A grand jury indicted Ridener and Moore on one count each of fourth-degree assault and first-degree official misconduct, both Class A misdemeanors punishable by up to one year in jail, the Herald-Leader reports.
Both had left the state police force before being indicted. The two allegedly attacked Richard H. McCrystal after arresting him in December 2006. McCrystal had been accused of assaulting the son-in-law of a state police officer.
Caperton dismissed the charges, saying the officers were "immune from prosecution," reports the Lexington Herald-Leader.
Copyright: Lexington Herald-Leader