Martinsville, Ind.—UPDATE: Two Martinsville officers have been cleared of any criminal charges after using a taser to subdue a 10-year-old special needs boy at Tiny Teddies daycare.
Longtime Martinsville Cpt. Bill Jennings and Patrolman Darren Johnson could still lose their jobs. But special prosecutor David Powell, said Officer Johnson's decision to use a stun gun and Captain Jennings supervision of it were not excessive force.
"I determined that Officer Johnson did not commit a crime when he used the taser," said Powell. "This was an unfortunate situation involving a 10-year-old whose history is laid out in the report but on this day he was involved in a third episode of a violent outburst."
In court papers released to Fox59 the prosecutor said the officers tried to subdue the foster child but "he continued to spit on, curse, and strike anyone near him and attempt to bang his head."
The prosecutor went on to write Officer Johnson "removed his taser and used the weapon to bring the juvenile into compliance."
Martinsville Mayor Phil Deckard heard news the officers won't get charged. He appeared unhappy with the decision.
"I was trying not to let my emotions show but I have no comment," said Deckard. "The officers are still on administrative leave with pay and will remain so until the Board of Public Safety meets in the next four days."
"In my mind there can't be any plausible reason to slap and tase a 10-year-old kid," said Tammy Hatfield who's followed the case.
"I think if this kid had a family that was standing up for him this might not have been the outcome."
PREVIOUS STORY: Two Martinsville officers accused of using a stun gun on an unruly 10 year-old child will not face criminal charges.
A special prosecutor assigned to the case said no evidence was found proving the cops went beyond their scope and training. Martinsville police policy allows the use of a stun gun or taser on adults and juveniles when circumstances permit.
Officer Darren Johnson and Captain Williams Jennings were accused of using the stun gun on a child at a Martinsville day care on March 20th. Officers said they tried to restrain the child, but he kept cursing, striking, and banging his head.
Foster parents called 911 on the special needs child who became violent. Police said they had called for help from police before.
Special Prosecutor Dave Powell had more questions about Capt. Jennings and his conduct. A grand jury reviewed his actions after he was accused of not including certain details in his police report. Jennings was the senior rank at the scene.