Zionsville Times Sentinel

April 16, 2014

Indianapolis man accused of kicking police officer

By Rod Rose For the Times Sentinel
Zionsville Times Sentinel

---- — WHITESTOWN — Whitestown police said a man was so combative after being arrested on suspicion of drunk driving that he had to be handcuffed to a hospital bed before his blood could be drawn for testing.

Michael Allen Small, 27, Indianapolis, was charged with class D felony battery of a police officer after he allegedly kicked WPD Officer Blayne Root while officers struggled to restrain Small at Witham Memorial Hospital’s emergency room.

Small is also charged with class D felony operating a vehicle while intoxicated; class D felony operating a vehicle with a blood alcohol percentage of .15 or higher; and two misdemeanor alcohol charges.

He is being held on $25,000 bond because he has two prior convictions for drunk driving, according to court records.

In a probable cause affidavit, Root said he suffered a cut on his left ankle when Small allegedly kicked him.

Root said he had stopped Small on Interstate 65 near the 134-mile marker about 12:15 a.m. April 10. A computer check of a Chevrolet Blazer showed it was registered to Small, but that he had never been issued an Indiana driver’s license. Believing Small to be intoxicated, Root arrested him and took him to the Boone County Jail.

Small allegedly refused to take a field sobriety test, according to Root. Officers obtained a search warrant to draw Small’s blood and took him to Witham for the procedure.

“Small then became uncooperative and refused to comply with any requests given to him,” Root said in his report. Lebanon police and Boone County deputies helped restrain Small, shackling him to a hospital bed.

The blood test showed Small had a blood alcohol content of .19 percent, more than twice Indiana’s legal limit, Root said.

Small is on probation in Jasper Superior Court on a Jan. 22 conviction for misdemeanor drunk driving, according to court records. Prosecutors asked that he be detained on probation violation and that he be held on a higher than standard bond; Superior Court II Judge Rebecca McClure granted both requests and set Small’s trial for 9 a.m. Aug. 8.

A class D felony carries a standard bond of $5,000 surety or $500 cash; the sentence ranges from six months to three years in prison.