Former Marion Police Officer Sentenced to Jail for Deprivation of Civil Rights for Kicking a Handcuffed Person Under Arrest

A. Courtney Cox, United States Attorney for the Southern District of Illinois, announced that on July 29, 2010, DUSTIN G. WHITEHEAD, 28, of Marion, IL, formerly a police officer for the city of Marion, Illinois, was sentenced to 20 weekends in jail on 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 jail sentence was imposed as part of a four-year sentence of probation where he is also required to perform 50 hours of public service and pay of fine of $2,000.

At his sentencing, 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 two times, despite the fact that the person’s hands were cuffed behind his back as he sat in the back seat of the police car. WHITEHEAD also admitted that he lied under oath on January 6, 2010, to a hearing officer from the State of Illinois Department of Employment Security during his appeal over the loss of his unemployment benefits. WHITEHEAD had appealed a decision denying unemployment benefits after he was put on administrative leave without pay by the Marion Police Department following the incident. During that hearing he falsely claimed under oath that he had not struck the victim in this case and that there was no proof.

WHITEHEAD plead guilty on April 26, 2010. As part of his plea, he 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 has submitted 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 Marion Police Department, the FBI, and the Williamson County State’s attorney investigated this case. Assistant United States Attorney Michael C. Carr handled the prosecution.