KANSAS CITY, Kan. (AP) — A jail guard allegedly beat up a handcuffed inmate whose arm was being held by another deputy, according to an affidavit that led to criminal charges against the two Wyandotte County Sheriff’s Office employees.

Sgt. David Toland and Deputy Marcus Johnson were charged last month, but details of the September jail incident were not made public until The Kansas City Star obtained the criminal affidavit. Toland is accused of punching the prisoner in the face and slamming the inmate’s head against an elevator door.

Both face one count of misdemeanor mistreatment of a confined person. Toland also is charged with aggravated battery and Johnson faces a misdemeanor assault charge after the Kansas Bureau of Investigation was brought in to look into the incident.

The sheriff’s office and prosecutors declined to comment. Toland’s defense attorney, Sean McCauley, said his client “looks forward to his day in court,” but otherwise also declined comment.

According to the affidavit, the incident began when two inmates were removed from their cells and handcuffed after being suspected of smoking. The deputies were instructed to return them to their cell after no tobacco was found during the search. When the inmate stood up and walked in the wrong direction, a deputy grabbed the inmate by the arm and escorted him into the elevator where Toland helped handcuff him.

Toland told the inmate repeatedly to “shut the (expletive) up” when the inmate continued talking, the affidavit said. After the elevator door closed, Toland allegedly shoved the inmate to the opposite side of the elevator and beat him. The prisoner eventually slumped against the floor, prosecutors said.


As they were escorted to their cell, the affidavit said Toland continued to yell at the inmate telling them to respect the deputies.

Deputies told investigators that such incidents are normally documented, but there were no reports written until the warden ordered everyone to document the incident. Wyandotte County Sheriff Donald Ash said in November he requested an immediate investigation when he learned about it.

Toland, a member of the Bonner Springs and Edwardsville school board, was not arrested after he was charged.