INDIANAPOLIS — Two Indianapolis Metropolitan Police officers will go on trial early next month on charges in the death of Herman Whitfield III. Monday a judge denied a motion to dismiss the criminal charges brought by a grand jury against them.
Monday's hearing was closed to the public, and to the Whitfield family, because the arguments were about grand jury testimony that led to the officer's indictments. At this point, that testimony is still confidential.
Officers Steven Sanchez and Adam Ahmad face charges of involuntary manslaughter, reckless homicide and battery.
The parents of Herman Whitfield III, along with their attorneys and other supporters, waited outside the courtroom during the hearing.
"We're disappointed in not being there and not being able to hear what the defendant's arguments are in their motion to dismiss,” said Whitfield family attorney Richard Waples. “But we understand the process, and we're patient."
Police body camera video shows Officer Sanchez fired a taser twice on Herman Whitfield III, then Sanchez and Officer Ahmad held Whitfield face down in handcuffs on the floor of his home on April 25, 2022.
His parents called for mental health assistance for their son, who died in police custody.
On Monday, the judge denied a motion to dismiss the charges. So, the case goes to trial December 2. The trial is expected to last one week. Jury selection is scheduled November 26.
"I just hope justice prevails in this situation, because first of all, these officers are citizens before they're officers, so they should be held accountable by the laws and standards of this nation, just as we are,” said Herman Whitfield Jr, Herman III’s father.
"I just echo what my husband said,” said Gladys Whitfield, Herman III’s mother. “Accountability for these officers who acted wrongly. There's no question about that in my mind."
The Whitfield family is also suing the officers and the city. The civil case is on hold until the criminal case is decided.
The attorney for the officers tells 13News the judge has ruled out criminal use of the taser in the trial. The officers will only be tried for restraining Whitfield on the floor. The defense may bring up the arguments to dismiss the case again at trial.