A Jefferson County jury has found former De Soto Police Officer James Daly guilty of two counts of fourth-degree assault, which are class A misdemeanors, and one count of fourth-degree assault, a class C misdemeanor. Daly is scheduled to be sentenced on Jan. 30, according to court documents.
A class A misdemeanor carries a penalty of up to one year in jail and a fine of up to $2,000. A class C misdemeanor is punishable by up to 15 days in jail and a fine of up to $700.
The jury did not find Daly guilty of a third-degree assault charge, a class E felony, for allegedly choking a man who was being held in custody, according to Daly’s attorney.
Daly of Imperial on Sept. 30, 2020, allegedly held a handcuffed prisoner by the hair and throat. He then allegedly pushed the victim onto a bench and held the prisoner by his neck on the bench for “a period of time,” the case’s probable-cause statement said.
Investigators reported that the victim said his airway was restricted while Daly allegedly held the man by his throat, the report said. Court records said the victim died on Sept. 18, 2021. His death was not related to the alleged assault.
In November 2020, De Soto Police Chief Jeff McCreary requested the Jefferson County Sheriff’s investigate the incident, and later that month, the Prosecuting Attorney’s Office filed charges against Daly, court records show. In December, De Soto Police released a video of the incident.
Jefferson County Assistant Prosecuting Attorney Courtney Goodwin prosecuted the case.
“Goodwin did an amazing job presenting the evidence to the jury and getting the verdict without testimony of the victim,” Prosecuting Attorney Trisha Stefanski said in a Facebook post announcing the jury’s decision. “The Jefferson County Sheriff’s Office did the investigation, including obtaining a video of the incident.”
Former De Soto Police Officer Bethany Zarcone pleaded guilty to fourth-degree assault due to her role in the incident.
She was accused of kneeing the prisoner during the booking process in the De Soto Police Station, according to the probable-cause statement in the case.
Zarcone of Farmington was placed on two years’ probation after Jefferson County Div. 4 Circuit Judge Brenda Stacey suspended her 90-day jail sentence, court records show.