Cat Andersen/Eyewitness News
Danville - The assistant police chief of Danville was arrested and charged in an apparent domestic violence incident.
Jerry Cunningham faces two misdemeanor counts of battery and a felony charge of entering a residence after an attack over the weekend.
"Your Honor, I can assure you that in 22 years of faithful service to my community, I've already done enough to embarrass myself," said Cunningham, speaking via video conference.
Cunningham became emotional during his initial court hearing when the judge explained the protective order filed that restrains him from having any contact with his wife or his neighbor.
"I won't. They need not fear me. I will not contact them, your Honor. I will not," he said.
According to police, Cunningham was arrested Sunday afternoon after he found his wife at another man's house.
"My understanding is Mr. Cunningham was out walking, observed his wife's vehicle at this residence. He went and knocked at the door. There was no answer. He then made forcible entry, encountered the two and a fight ensued," said Bill Wright, Danville Police Department.
Investigators say the man sustained head injuries but was not taken to the hospital. Cunningham's wife was hurt trying to break up the fight, but she did not go to the hospital.
Police say the Cunninghams are going through a divorce.
"I made a mistake, a stupid mistake yesterday. My heart was broken. That's why I did it. I'm sorry," said Cunningham.
Hendricks County Sheriff's deputies ended up arresting the assistant police chief.
"We were requested to handle it so there's transparency; so there's no question of anything improper in this investigation," said Jim Yetter, Hendricks County Sheriff's Department.
"I thought he had stumbled onto something and needed back-up and my number was the first one on speed dial. That's exactly what I thought until I got there. I thought there's no way he should be back at his house. I took him back to my house and we sat on the back porch and I had been in contact with the sheriff's department, asking them to take over the investigation so that we would have total transparency," said Keith Gill, Danville Police chief.
Monday afternoon as a condition of his release, Cunningham's firearms were confiscated from his home and the judge ordered him to receive a mental health evaluation within the next 24 hours.
"If he is found guilty of domestic violence, federal law dictates that he cannot possess a firearm or be police officer so that will be potentially life-changing for him," said Wright.
His fellow officers say they knew he was going through a divorce but this came as a complete shock.
"He's one of the last individuals you would expect this from. He's very laid back, very calm, but one could say when matters of the heart are involved, you never know what an individual is inclined to do," said Wright.
"I think you need it," the judge said.
"Yes, your Honor. I agree," Cunningham replied.
Because of Cunningham's position, the judge called for a special prosecutor and a special judge to be assigned to the case.
A pre-trial conference is scheduled for January 6th, 2011, and a jury trial is scheduled for Jan. 24th.
