Aug 5, 2020
Two Pendleton Correctional officers sentenced to prison

ANDERSON — Two former correctional officers at the Pendleton Correctional Facility have been sentenced to prison terms for the assault of an inmate.

On Tuesday, Madison Circuit Court Division 1 Judge Angela Warner Sims sentenced Zachary Graham, 34, of Pendleton, and Matthew Franklin, 31, of Daleville, to serve three years and two years respectively with the Indiana Department of Correction.

Both Graham and Franklin had previously pleaded guilty to a Level 5 felony charge of battery resulting in serious bodily injury; an A misdemeanor charge of battery resulting in injury; and a B misdemeanor charge of false informing.

Through a plea agreement, the state agreed to drop charges of official misconduct.

According to the probable cause affidavit, Graham and Franklin assaulted inmate David Lee Perry on Feb. 24, 2018.

The court document states the correctional officers were upset because Perry had spit on another staff member.

Franklin reportedly approached Perry in a holding cell and, after an exchange of words, Perry spit on Franklin.

Perry was taken to a different cell by Graham and Franklin, and the inmate said he was struck in the face by Franklin, that Graham pushed Perry into a steel door and that he was kneed and knocked to the floor.

Perry suffered a broken jaw and had bruises on his face.

During the investigation, Perry admitted to spitting on Franklin because he was being verbally harassed.

The probable cause affidavit said several staff members falsified state documents and lied during their interviews.

The assault was captured on a surveillance camera that the officers were not aware had been installed in the cell.

A third correctional officer, Jonathan Reed, 32, of Anderson, has a pending Level 6 felony charge of official misconduct and a Class B misdemeanor charge of false informing.

Reed’s next scheduled court appearance is Aug. 17 for disposition or trial setting.