A Red Bank officer was indicted on Wednesday by the Hamilton County Grand Jury on charges related to an alleged assault against a detainee.
At the same time, Red Bank Police Chief Tim Christol said he had accepted the resignation of Officer Mark Kaylor.
The Hamilton County District Attorney General’s Office earlier said it had reviewed the Tennessee Bureau of Investigation report regarding Officer Kaylor and decided to submit the case to the Grand Jury.
Officer Kaylor was seen on his squad car dash-cam hitting an Hispanic man seven times while two other officers held him.
Kaylor initially said in court that he did not have access to the video, then he admitted that he had viewed it.
District Attorney Neal Pinkston had requested a TBI Investigation in Kaylor’s handling of the arrests of Candido Resendiz and Osiel Rogue after an internal review by the Red Bank Police Department cleared Kaylor of any wrongdoing and a previously withheld video was submitted to and reviewed by the Hamilton County District Attorney General’s Office.
Defense attorney Lee Davis said, "On April 13, 2014 at 03:12 a.m., Officer Mark Kaylor of the Red Bank Police Department conducted a traffic stop at 2101 Dayton Boulevard investigating a drunk driver. The driver of the vehicle was obviously drunk and driving under the influence. Subsequent to his arrest the driver pled guilty to DUI, his second DUI. In addition to the driver, there was a passenger, Candido Alejandro Medina, He was also drunk and admitted to drinking at least 8-10 beers.
"As police were arresting the driver for DUI, the passenger Medina attempted to exit the vehicle. While Officer Kaylor was talking with the driver, he found out that the vehicle was actually owned and registered to Medina. Officers asked Medina to remain in the vehicle. He refused to comply with officers' commands and then he became combative. Several Red Bank officers tried to gain control of Medina. He fought with the officers and refused to be placed in custody. It was only after Medina refused lawful commands and resisted other officers that Officer Kaylor became involved. After the altercation with Medina, Officer Kaylor charged Medina, with driving under the influence by consent, resisting arrest and simple assault. Medina's cases were bound to the grand jury after a preliminary hearing. Medina's charges are still pending.
"Internal affairs with Red Bank Police Department investigated Medina's complaint of excessive force by Officer Kaylor. Internal affairs exonerated Officer Kaylor.
"Today Officer Mark Kaylor was indicted based on this same incident.
"We believe that only through a jury trial will Officer Mark Kaylor be vindicated and have his good name cleared. In the early morning hours of April 13th, Officer Kaylor was on routine patrol in Red Bank trying to keep the streets safe for you and me. He was protecting and serving our community. Compare that to the behavior of Mr. Medina. Medina chose to drink all night with his friend and then drive on the streets of Red Bank. These men were a real danger to anyone else on the roads that morning. This trial will be a search for the truth. In that effort we will seek to answer the question, why did Medina fight with four Red Bank officers who were simply doing their job? Being drunk is not an excuse, and we believe that Medina must accept responsibility for his own actions. Respectfully, we disagree with the district attorney's office and believe a jury trial is the proper forum to resolve these differences."
Attorney Davis said he will ask the court at arraignment for the earliest possible court date.