Prosecutor seeks charges against 2 officers

Monroe County Special Prosecutor Barry Brown is requesting charges be filed against two Monroe County police officers in the death of James Borden. \nCircuit Court Judge Marc Kellams will decide on Brown's request to file charges against Officer David Shaw for a felony battery and Officer Chris Hutton with a misdemeanor assault. Kellams is expected to make a decision sometime this week, said Steve Borden, James' brother.\nJames Borden died in the Monroe County Jail Nov. 6 while being processed for violating his probation. Borden was under house arrest in Bedford at the time but was found wandering by the Jackson Mini Mart. \nPolice responded to Mini Mart employees who complained Borden's behavior was unusual. \nAfter assessing Borden's condition, the police decided he needed medical treatment. The officers informed EMS personnel that Borden was under arrest for violating his probation and was being escorted to the Monroe County Jail.\nUpon his arrival at the Jail, Borden was shocked three times by Officer David Shaw, who said Borden was being "uncombative" and "uncooperative." Shaw shocked James Borden with an M26 taser gun that has 50,000 volts in each shock. \nA Monroe County coroner concluded Borden died from an irregular heartbeat caused by an enlarged heart, pharmacological intoxication and electric shock. \nThursday, Sgt. Chuck Cohen, an Indiana State Police detective who investigated the case, read testimony regarding Officers Shaw and Hutton.\nCohen testified that he concluded Borden was not a threat to himself or anyone else the evening of Nov. 6. Shaw and Hutton both stated at the hearing that Borden would not comply with their verbal requests. \nSteve Borden, who attended the Thursday hearing, said conflicting reports concerning the number of shocks don't add up.\n"They reported that the taser gun trigger was used 11 times," Steve Borden said. "I guess that is from that night. Shaw pulled the trigger 11 times, but the autopsy only shows three marks ... But then it came out Thursday the trigger had been pulled 11 times."\nJohn Potter, a Lawrence County sheriff's deputy who transported Borden to the Monroe County Jail from Borden's home in Bedford, recalled seeing Shaw's teeth each time he pulled the trigger on the stun gun.\n"I think he was enjoying it," Potter told State Police during the investigation.\nJail officers have reported Borden was kicking and struggling while pinned, face down, on the floor with his hands cuffed behind him. Brown, however, suggested in court the prisoner may have had difficulty breathing, or may have even been dying at the time.\nSteve Borden said he thinks Kellams is hesitant to make a ruling. \n"(It) didn't seem like (Brown's testimony) was enough to satisfy the judge," Steve Borden said.\nBut Borden said Kellams said he would make a ruling sometime this week.\n"(Kellams) said he would come back with a ruling this week," Steve Borden said. "If that had been anybody else, there would have been a warrant. But for some reason the judge didn't want to serve one. I don't know if it was political, or if the community was on him or if it's an election year. I have no idea."\n-- Contact staff writer Lindsay Jancek at lmjancek@indiana.edu. The Associated Press contributed to this report.