A Walker County Sheriff’s deputy indicted in connection with the treatment of an inmate is asking for one of the counts against him to be dismissed.
James Handley was indicted for deprivation of rights and witness tampering in the 2023 death of Anthony “Tony” Mitchell.
Mitchell died from hypothermia and sepsis two weeks after he was incarcerated for firing at deputies during a mental health welfare check.
According to an indictment, Handley and another deputy, Carl Carpenter, are accused of “ramming” Mitchell into a patrol vehicle and kicking his legs. Carpenter is also accused of stomping Mitchell’s genitals while he was on the ground and handcuffed. He was indicted on two counts of deprivation of rights and has agreed to plead guilty.
Handley is asking the court to dismiss the witness tampering charge against him. The charge is in reference to testimony from Handley that Mitchell walked to the vehicle and chose not to walk from the patrol car in the jail’s sallyport. In fact, Mitchell was dragged to the patrol car and was unable to walk in the sallyport due to injuries sustained during the arrest.
Attorneys for Handley say “misleading statements” do not constitute witness tampering.
“The government disputes the accuracy of certain testimony defendant James Matthew Handley gave before the grand jury. But instead of accusing him of perjury in violation of 18 U.S.C. § 1623, the government charged Handley with witness tampering,” the motion to dismiss states.
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