Linton man resists police officer, faces felony charge

When the preliminary charges were filed against him Monday in Greene Superior Court, a class D felony was added -- battery upon a law enforcement officer resulting in bodily injury -- as a result of his alleged behavior on the way to the jail.

In the probable cause affidavit filed in the case, Greene County Sheriff's Deputy Jeremy Inman explains that late on Friday evening, he was investigating an incident in Linton involving operating a vehicle while intoxicated. The driver was Phegley.

Inman wrote that while he was offering Phegley field sobriety tests, Phegley first tried to get back into his vehicle, and then grabbed the officer's ink pen and attempted to take it away.

The affidavit states Phegley was unable to complete any of the tests but then agreed to take a chemical test. Once at the Linton Police Department, Phegley refused the chemical test.

Phegley was then placed under arrest and transported to the Greene County Jail.

In the affidavit, Inman states the following events happened on the way -- Phegley kicked Inman in the left arm and said the officer may have him handcuffed but he could still kick him. Inman said the kick ran his arm into the police console and left a red mark near his elbow.

Next, Phegley kicked the dome light, placed his leg in the back seat and started laughing.

As the patrol car entered Bloomfield, Phegley started to move around -- he had taken his seatbelt off.

Phegley then is reported to have pointed his fingers, in the shape of a gun, at the officer and said, "Bang, I got you."

Inman stated that he did not attempt to get a search warrant for a blood test for Phegley because he was combative off and on and might be a risk to medical units as well as officers.

Phegley was booked in early Saturday without further incident.

On Sunday, he was released after posting $9,000 bond.

Phegley is scheduled to appear at an initial hearing on Friday.

The preliminary charges filed against him in addition to the felony battery include resisting law enforcement, a class A misdemeanor; operating a vehicle while intoxicated in a manner which endangered a person, a class A misdemeanor; and operating a vehicle while intoxicated, a class C misdemeanor.