Cop denies domestic violence, battery accusations; formal charges filed

by Kelli Cheatham (kcheatham@wsbt.com)

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South Bend Police Sgt. Eric Downey

South Bend Police Sgt. Eric Downey has been charged with domestic battery and operating a vehicle while intoxicated. (WSBT photo)

By WSBT News1

SOUTH BEND — A South Bend police officer is telling his side of the story after he was arrested for battering his wife and driving drunk. Sgt. Eric Downey says he did nothing wrong.

Officers arrested Sgt. Downey outside his South Bend home around 2 a.m. Wednesday. He says he had four beers at another location, but didn’t think he was over the legal blood alcohol limit of 0.08.

When Downey arrived at his home early Wednesday morning, police were already there following up on his wife's allegations that he battered her.

“[I] came home with a six-pack, knowing I was going to be home,” he told WSBT. “I was going to drink it, or some of it, then go to bed.”

But he says that’s not what happened.

“If a policeman is going to give [a] person a DUI, the last thing a policeman needs to do is stand there and let them drink until they are over the legal limit.”

Instead, Downey claims that's exactly what officers did just before they arrested him.

“He stood back there while I was drinking and smoking.”

Downey said he drank two beers while he was talking with fellow officers.

“They said nobody’s going to jail.”

Downey also told WSBT that’s about the time another officer — Lt. David Newton — arrived on scene. Downey said he and Newton don’t get along.

“I told him unless he had a legal reason to be there I didn’t want him there,” Downey recalled. “He turned around in the yard and challenged me by saying ‘You can come out here, we’ll settle this.’ So of course, me being me, I took that as an opportunity. I started to go out there. That’s when the captain and the other officer grabbed me and was holding me while Newton was rolling up his sleeves.”

That’s when, according to Downey, the other officers cuffed him.

“I said ‘Why are you arresting me?’ They said ‘You’re not under arrest. You’re not under arrest. You just need to calm down.'"

But they did arrest him. His blood alcohol level was 0.09. The legal driving limit is 0.08.

Along with drunk driving, officers also preliminarily charged him with domestic violence.

When asked if he’s ever hit his wife, Downey responded “No. No, I’m not like that. I wouldn’t do that.”

In response to a question about why his wife would have called police making those allegations three other times in the past 13 months, Downey replied “She’s not making ‘all these’ allegations. I don’t know what she's saying because I haven't discussed that with her.”

When asked if she’s ever hit him, Downey said, “I’m not going to get into that, please. I love my wife, OK?”

In a police report from a December 11 call to Downey’s home, Mrs. Downey told officers he pinned her on the bed, then held her down in a chair — before she started to fight back.

But Sgt. Downey told officers a verbal argument escalated to his wife hitting and choking him first.

Downey told WSBT he doesn’t think he’s a bad guy or a bad cop.

“I think every marriage has problems,” he said. “I think this is a new marriage, we're still working through it.”

The St. Joseph County prosecutor’s office filed formal charges against Downey Friday afternoon. He’s being charged with one count of domestic battery and one count of operating a vehicle while intoxicated.

The probable cause documents say Downey grabbed his wife’s wrists so hard he caused injury and pain.

Downey is on paid administrative leave from the department. The investigation is ongoing.

This is actually the second time Downey’s been placed on paid leave. The first was after the December 11 incident while Indiana State Police investigated the accusations.

Downey said those charges were later dropped.

“On that occasion it was found that there was nothing illegal done. And I assume that's what will happen this time because I didn't do anything legally wrong. I didn't harm her, touch her in any rude way, whatsoever,” he said.

Downey has already filed a formal complaint against all officers on the call for excessive force and false arrest. He says he filed an additional complaint against Newton for intimidation and provocation.

Police would not comment on Downey’s arguments, citing the ongoing investigation.

Downey's next court date is May 26.

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