A former Mississippi Bureau of Investigations Officer has pleaded guilty to using excessive force against a handcuffed arrestee in a federal task force operation. John Winstead, a former member of the U.S. Marshals’ Gulf Coast Regional Fugitive Task Force, willfully deprived the arrestee, identified as K.K.H., of their Fourth Amendment right to be free from objectively unreasonable force.
According to court documents, on September 16, 2021, Winstead struck K.K.H. forcefully in the face, knocking them to the ground while they were already handcuffed and being escorted safely by another officer.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division condemned Winstead’s actions, stating, ‘Law enforcement officials in our country are entrusted with the responsibility to protect and serve communities, not to exploit and abuse them.’
U.S. Attorney Ronald C. Gathe for the Middle District of Louisiana commended the local and federal partners who worked with his district to ensure a fair and equitable resolution, saying, ‘Civil rights prosecutions are a priority for the Justice Department, and we work each day towards protecting the constitutional rights of every citizen.’
The FBI’s Assistant Director Michael Nordwall added, ‘The defendant assaulted a handcuffed arrestee who posed no threat to him or to the other escorting officer. The FBI will not tolerate violation of anyone’s civil rights, regardless of incarceration status.’
Winstead faces a maximum penalty of 10 years in prison and a sentencing hearing will be scheduled at a later date. A federal district court judge will determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Ellison Travis for the Middle District of Louisiana. DOJ-OIG and the FBI Jackson Field Office are investigating the case.
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Key Facts
- State: Louisiana
- Agency: DOJ USAO
- Category: Violent Crime
- Source: Official Source ↗
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