Updated, Jan. 28, 2016: Charles Holloman, attorney for Jesse Terrell, responded Thursday morning to WUFT's request for comment about his client.
"The others chose to resign because they were guilty, and they knew they were guilty," Holloman said. "My client is not guilty of this."
"Obviously he's involved, it's right there on the tape," Holloman said. "I don't feel that they can meet the legal elements of the case. There's specific things that have to be met in terms of the elements of the crime."
Holloman pointed out that this is not a civil case and that the court has to prove beyond a reasonable doubt that Terrell violated Price's civil rights.
Original story, Jan. 27, 2016: The United States Department of Justice announced Wednesday morning that former Marion County Sheriff's Office Deputy Jesse Terrell was indicted on civil rights violations.
Terrell, along with four other deputies — James Amidei, Trevor Fitzgerald, Adam Crawford and Cody Hoppel — had been suspended without pay for his involvement in a drug-related arrest warrant regarding Derrick Price. The Marion County Sheriff’s Office discovered this video recording during a use-of-force investigation.
“The actions of these five individuals shown on the video which we discovered violated the oath of office they took to serve and protect our citizens and have compromised the integrity of the badge,” Marion County Sheriff Chris Blair said in a press release.
Upon discovery of the video, Blair requested an investigation of the five individuals. Four employees pled guilty and are awaiting sentencing — except Terrell.
Terrell was fired from the sheriff's office. The other four employees resigned.
"The video shocked me to my core when I saw it," Blair said. "I thought their actions were egregious enough that they should never see another dime from Marion County taxpayers."
Price, who was charged with multiple drug related offenses and resisting an officer without violence, was released August 9, 2014, two days after the incident, according to Marion County court records. Price's drug charges are still pending in Marion County court; the resisting an officer charge was dropped on September 29, 2014.