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Case Number: 0:22-cr-00014
Judge: David L. Bunning
Court: United States District Court for the Eastern District of Kentucky (* County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Ashland, Kentucky criminal lawyer represented Defendant charged with depriving an inmate of his civil rights.
Jeffrey T. Havens, age 27, a former Eastern Kentucky Correctional Center (EKCC) officer from West Liberty, Kentucky, admitted that on July 24, 2018, he and another EKCC correctional officer assaulted an inmate who had been taken to an isolated shower cell. Havens admitted that he held the inmate against the ground while his fellow correctional officer punched and kicked the inmate in the head. Havens joined in the assault by punching the inmate multiple times. At the time of the assault, the inmate was unresisting, lying face-down and wearing handcuffs and leg shackles.
On July 12, in a related case, former EKCC officer Derek Mays pleaded guilty to four counts of obstruction of justice based on his efforts to cover up the same assault.
Havens is scheduled to be sentenced on March 13, 2023. He faces a maximum sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. However, any sentence will be imposed by the court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office; and Colonel Phillip Burnett Jr. Commissioner of Kentucky State Police (KSP), jointly announced the guilty plea.
The FBI, KSP and the Kentucky Justice and Public Safety Cabinet conducted the investigation. Assistant U.S. Attorneys Zach Dembo and Mary Melton for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Justice Department’s Civil Rights Division prosecuted this case.
18:242 DEPRIVE CIVIL RIGHTS
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Outcome: 08/29/2022 4 INFORMATION as to Jeffery T. Havens (1) Count 1. (KSS) (Entered: 08/29/2022)
08/29/2022 5 MINUTE ENTRY for ARRAIGNMENT & REARRAIGNMENT as to Jeffery T. Havens held on 8/29/22 before Judge David L. Bunning.Michael R. Campbell appeared as APPOINTED CJA counsel of record. Court finds dft competent to enter informed plea, guilty plea is knowing and voluntary, supported by independent basis in fact containing the essential elements of the offense charged in the Information. Court finds waiver provisions of written Plea Agreement are knowing and intelligently made and that the dft understands the consequences of the waivers. The guilty plea is accepted, and the dft is adjudged guilty of the offense charged in the Information. Waiver of Indictment filed; Information filed; dft states true name, copy of information given to dft; dft formally arraigned & advised of rights; Information read to dft; sufficient factual basis for plea; dft pleads guilty; plea agreement filed in record; Court orders PSR; Dft released on own recognizance per Order Setting Conditions of Release; Dft shall report to the Ashland USPO this week 8/29/22 - 9/2/22; Case continued until SENTENCING set for 3/13/2023 at 10:30 AM in ASHLAND before Judge David L. Bunning, subject to intervening orders of the Court. (Court Reporter Lisa Wiesman) (KSS)cc: COR,USM,USP (Entered: 08/29/2022)
08/29/2022 6 WAIVER OF INDICTMENT as to Jeffery T. Havens (KSS) (Entered: 08/29/2022)
08/29/2022 7 PLEA AGREEMENT FILED as to Jeffery T. Havens cc: COR,USP (KSS) (Entered: 08/29/2022)
08/29/2022 8 ORDER Setting Conditions of Release as to Jeffery T. Havens (1) O/R. Signed by Judge David L. Bunning on 8/29/22. (KSS)cc: COR,USM,USP (Entered: 08/29/2022)
08/29/2022 9 ORDER in accordance with the Sentencing Reform Act as to Jeffery T. Havens. Sentencing scheduled for Monday, March 13, 2023 at 10:30 a.m. in Ashland, Kentucky. Signed by Judge David L. Bunning on 8/29/22. (KSS)cc: COR,USM,USP (Entered: 08/29/2022)
08/29/2022 CJA Appointment of Attorney for Jeffery T. Havens. The Clerk ENTERED the representation and appointment in the eVoucher system for Michael R. Campbell. (KSS) (Entered: 08/29/2022)