Lawrence police officer accused of excessive force

LAWRENCE, Ind. (WISH) - A Lawrence police officer is facing charges, accused of using excessive force during an arrest.

Battery and Official Misconduct - they are charges stemming from surveillance video at the Pendleton Pike Wal-Mart and the mug shot of the man who says he was beaten, after being arrested for shoplifting.

"In terms of the area where he was kicked--and you could see that very clearly in the surveillance--it would be along the left temple, left eye area. And, it apparently had been, in the immediate reaction, swollen shut," said Barbara Trathen with the Marion County Prosecutors Office.

Excessive force is the allegation being brought against Lawrence Police Officer Gabriel Slaybaugh.

Prosecutors say Slaybaugh kicked Robert Riedling in the face in the parking lot after Riedling was already kneeling, hands open, with a K-9 barking near his face.

In an affidavit, IMPD Officer Jeffrey Patterson said, "The level of resistance demonstrated by Robert Riedling did not justify the level of force used by the officer."

24-Hour News 8 did a search for Gabriel Slaybaugh and found reports of two separate cases, days apart, and in the same week as the Wal-Mart incident, where Slaybaugh shot and killed dogs he said were dangerous. He was never accused of any wrongdoing.

His history also includes heroics. In 2007, Slaybaugh and another officer jumped in a lake to save a suspect who couldn't swim.

Prosecutors say no prior events are being considered.

"This charge was based solely upon the incident this year. None of that information was in any way presented or considered," said Trathen.

But does this case cross the line? The answer will spell out Slaybaugh's future.

"That's something that we will obviously in the final analysis be leaving to the courts. Because that's exactly what the issue will be," said Trathen.

Slaybaugh's attorney, John Kautzman, released a statement saying, "I believe after a judge or jury is able to hear all the evidence they will determine this was a legitimate use of police force and is in no way, shape or form criminal."

Slaybaugh is scheduled back in court Jan. 14.