Police Officer Pleads Guilty

Former Marion Police Officer Pleads Guilty to Civil Rights Violation


April 26, 2010 - A. Courtney Cox, United States Attorney for the Southern District of Illinois, announced that on April 26, 2010, DUSTIN G. WHITEHEAD, 28, of Marion, IL , plead guilty to a one count Information charging him with Deprivation of Rights under Color of Law in United States District Court for the Southern District of Illinois. The offense carries a maximum potential sentence of one year imprisonment, a $100,000 fine and up to one year of supervised release. The sentence will be imposed by the Court after a presentence report is prepared. WHITEHEAD was release on an unsecured $1000 bond pending his sentencing hearing which currently is schedule for July 29, 2010, at 10:00 a.m. in Benton.

At his plea, WHITEHEAD admitted that on August 14, 2009, while serving as a police officer for the City of Marion, he willfully and without legal justification kicked an arrested person, who had previously been handcuffed and placed into his police car, two times in the face with his foot. He admitted that in so doing, he willfully deprived the arrested person of his Constitutional right not to be subjected to an unreasonable use of force by a police officer.

As part of his agreement to plead guilty, WHITEHEAD agreed to immediately resign his position as a police officer for the City of Marion and to refrain from ever seeking or accepting employment as a police officer, jailer, correctional officer, military police officer , or deputy sheriff. In addition, he agreed to submit an affidavit, which was signed in Court, to the Illinois Law Enforcement Training And Standards Board, affirming that he would not seek future law enforcement employment.

The Illinois State Police the FBI and the Williamson County State’s attorney investigated this case. Assistant United States Attorney Michael C. Carr is handling the prosecution.