MUNCIE, Ind. — A former Muncie police officer is expected to plead guilty next month in connection with a federal investigation into other officers using excessive force.
Dalton Kurtz, 31, is set to plead guilty on Aug. 4 in federal court in Indianapolis.
Kurtz is accused of failing to report knowledge of a felony that happened in June of 2018 to the proper authorities. Court documents say Kurtz responded to a call involving three juveniles who had fled from officers after crashing a vehicle into a building.
Kurtz and another officer, Chase Winkle, chased one of the juveniles. Kurtz soon caught up with the juvenile who was lying face down in a yard with his arms extended in front of him "in a submissive posture," the documents said.
Kurtz told Winkle he found the boy and then told the boy to show his hands, which he did. Kurtz approached the boy with his weapon drawn and the boy remained compliant. Court documents said he further extended his arms in front of his body and held both hands open and visible.
While the boy was lying face down on the ground, Officer Winkle allegedly ran toward him and kicked him in the head. He then got down on the ground next to the boy and punched him multiple times.
Meanwhile, documents said Kurtz watched. He also allegedly followed suit hitting the boy's shoulder area several times while he was on the ground.
Kurtz is accused of failing to report that Winkle used "unreasonable and excessive force," the documents said. Instead, Kurtz allegedly wrote a false report that said when he and Winkle found the boy, his hands were under his body and despite "loud verbal commands from officers" the boy refused to show them his hands.
Also excluded from the false report was Winkle having kicked the boy in the head. Documents say Winkle told Kurtz to write that the boy refused to show his hands to ensure that his report wouldn't contradict Winkle's report.
Kurtz was later charged with misprision of felony which has a maximum sentence of up to 3 years in prison, a $250,000 fine, and one year of supervised release.
Winkle, as well as two other Muncie police officers and a police sergeant, are facing federal charges of excessive force and obstruction.
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Winkle is facing nine felony offenses for using excessive force. One of the four arrestees he's accused of using excessive force on suffered serious injuries while another was knocked unconscious. He is also accused of writing false reports about the incidents. Earlier this year, Winkle was placed on unpaid suspension.
Sergeant Joseph Krejsa, 50, is facing two felonies for writing false reports about Winkle’s alleged excessive force incidents.
Another officer, Jeremy Gibson, 30, is facing one felony for excessive force when he allegedly stomped on and kneed an arrestee’s head and Corey Posey, 28, is accused of filing false reports to cover up incidents of excessive force.
The officers face 10 years in prison for each of the excessive force incidents and up to 20 years for each time they made a false report.