HANCOCK COUNTY — An Indianapolis Metropolitan Police Department officer who was originally charged with a felony for spanking his daughter too hard will not be prosecuted after all.
Prosecutors instead referred the case to a diversion program in which the officer, Derek Ethridge, 30, will undergo counseling. He will not face prosecution as long as he follows the terms of the diversion agreement.
Ethridge, of Greenfield, was charged on April 18 with a Level 5 felony count of battery resulting in bodily injury to a person under 14. The crime is punishable by up to six years in prison.
Ethridge was accused of spanking his young daughter too aggressively, causing bruising, according to official court documents.
Noting the fact that child abuse cases are difficult to prosecute, this case was even more so, chief deputy prosecutor Marie Castetter said, because it involved a parent who is helping raise the child.
After speaking with the child’s mother, prosecutors determined diversion, rather than prosecution, would be best for the child and the parents, who are divorced.
“This really was an appropriate route provided parenting and anger management instructions are part of the agreement,” Castetter said.
It’s not unusual for a case where the defendant has no criminal history to get an opportunity at settling an issue like this in diversion rather than the courts.
The fact Ethridge is a police officer was not a factor in determining the outcome of the case, Castetter said. Rather, the fact co-parenting has otherwise worked well was the major consideration.
Terms of the diversion also include Ethridge admitting probable cause exists for his arrest; he must not commit a criminal offense for a period of one year from the date the agreement is filed; he must pay diversion user’s fees and court costs of $839; agree to waive any rights afforded the defendant; and notify the prosecuting attorney’s office of any change of address or subsequent criminal offenses within seven days.
Ethridge must also perform 25 hours of community service work to a non-profit organization. Should Ethridge fail to abide by the terms of the agreement, prosecutors could revisit the felony charge.
The agreement was signed by all parties Sept. 11 and was officially filed in Hancock County Circuit Court, Thursday, Sept. 26.
According to records, the child’s mother told the state Department of Child Services she had received a text message from her ex-husband April 18 saying he had spanked one of their daughters and had left a small bruise. The mother then received a text message with a picture showing the bruising was much more severe than described, an affidavit said.
Ethridge admitted to spanking the child three times within an hour, but he told police he did not think he had injured her. He also told his wife the child needed discipline, the report shows. Police also had additional photos from DCS that showed bruising was still visible April 24.
Ethridge has been an IMPD officer since December of 2015. He was placed on administrative paid leave pending the outcome of the case. IMPD did not return calls seeking clarification of his status.
