2 Elkhart officers charged with criminal battery of man in custody

Published: Nov. 2, 2018 at 7:21 PM EDT
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Two Elkhart police officers have been charged with criminal battery after they allegedly used excessive force against a man who was in custody.

WARNING: The above video contains violence and coarse language.

Police say the suspect spat at an officer while in custody, and two officers with him while he was being processed "used force to control the individual," according to a release from the Elkhart Police Department.

After reviewing the incident, police administration determined Corporal Cory Newland and Corporal Joshua Titus "used excessive force." On Oct. 26, the results of the investigation were forwarded to the Elkhart County Prosecutor's Office, which determined Friday that charges of criminal battery would be filed against Newland and Titus.

The incident happened the night of Jan. 12, after police were called to a home to respond to a domestic battery. The suspect was arrested on charges of felony domestic battery in front of a child, battery on a police officer, public intoxication, disorderly conduct noise and resisting law enforcement. Police say it was during the booking process that he spat at Newland, which precipitated the use of excessive force.

Titus and Newland have been placed on administrative leave pending the outcome of the criminal case.