Thirty-year-old Andrew M. Shaw admitted Monday to assaulting a deputy sheriff in the Fayette County Jail.
The Washington Court House man is charged with one count of assault of a peace officer, a fourth-degree felony, and plead guilty during Monday’s hearing in the Fayette County Court of Common Pleas.
The state of Ohio is recommending community control in the case, said assistant Fayette County prosecutor Sean Abbott during the hearing, and allowing the court to assess the possibility of any local jail time in the case.
According to the incident report, Shaw was driving under the influence of alcohol and committed a “hit and skip” at an intersection in Washington C.H. but left the scene. His car was slightly damaged from the incident and became disabled on the side of the road with a flat tire. A person stopped to help Shaw change the tire and realized Shaw was intoxicated. The person then asked Shaw to get into the passenger seat and attempted to drive him home. Shaw’s car had been reported in the “hit and skip” incident and was pulled over by a deputy sheriff before the duo made it to his residence. Shaw admitted that he had been driving and was arrested and taken into the jail, where he then became argumentative and kicked deputy sheriff Jason Havens.
Havens described the scene inside the jail in an incident report filed in the case:
“I grabbed Andrew Shaw by the front of his shirt and pushed him backwards towards the chair but he continued to be noncompliant. We continued over the chair into a countertop and cabinet where I placed his back against the cabinet and advised Andrew that we were not going to deal with this all night and he needed to sit down. Upon standing up to attempt to sit Andrew in the chair he raised his leg and did a forward kick and struck me in the lower legs near my knees. I grabbed Andrew Shaw by his upper body and turned him and took him down to the ground to prevent him from continuing to kick.”
Shaw is scheduled for sentencing on the charge June 5 at 8:30 a.m. The Fayette County Adult Probation Department was ordered to do a pre-sentence investigation prior to the sentencing.
“I will rely heavily on their finding,” said Steven Beathard, Fayette County Court of Common Pleas Judge.
According to the court, Shaw has no prior felony convictions and no prior misdemeanor violence offenses in the past two years, two things the court will consider during sentencing. Shaw stated he is currently on probation with the Washington Court House Municipal Court for the OVI offense. Shaw’s sentence can be anything from probation with local jail time to a penitentiary stay of up to 18 months and a fine of $5,000.
A video of the jail assault is available by viewing this article at www.recordherald.com, finding the Record-Herald’s YouTube page by searching for Record Herald on youtube.com or by following the Record-Herald’s Twitter feed by searching for @recordherald on twitter.com