Gadberry, 37, formerly of 101 S. High St., South Lebanon, had been arrested by Lebanon police for domestic violence. At the time of his arrest, Gadberry had a blood alcohol content of 0.264, which is more than three times the legal limit. While he was being booked into the jail, Gadberry passed out, prompting deputies to transport him to Bethesda.
Gadberry claims Apking, who transported him to the hospital, hit him sometime during the trip. The incident report filed by Apking notes that Gadberry was belligerent on the first trip to the hospital and began banging his head on the metal cage in the police cruiser on the way back to the jail.
When they got back to the jail, the nurse sent Gadberry back to the hospital to have his injuries treated. The report indicates Gadberry had a cut on his chin and his face was swollen.
A second incident report by another deputy indicates Gadberry blamed Apking for his injuries.
Maj. George Hunter, the sheriff’s operations division commander, investigated the incident and concluded that Apking did stop his cruiser to deal with Gadberry’s behavior and warned him that he would be Tased if he began to strike his head against the cruiser’s metal cage.
Hunter also noted Gadberry was highly intoxicated and he had told many versions of the incident’s events. “When he reviewed the inconsistencies in what he said in his interview versus his recorded behavior, he simply stated, “I have nothing to say.”
“Due to the consistency of the recorded events reported by Deputy Apking, coupled with the supporting documents from the hospital staff, and the inconsistencies in what Mr. Gadberry reported, I find no evidence supporting Deputy Jamie Apking assaulted Mr. Gadberry,” Hunter wrote in his conclusion.
“Deputy Apking has not violated the rules and regulations of the Warren County Sheriff’s Office and the allegation that began the investigation is not sustained,” Hunter wrote.
Sheriff Larry Sims and Chief Deputy John Newsom signed the report concurring with Hunter’s conclusion.
On March 16, Gadberry plead guilty to reduced charges of domestic violence and notice of change of address and was sentenced to two years in prison.
Gadberry is incarcerated in the London Correctional Institution.
This is not Gadberry’s first brush with law enforcement in Warren County. He plead guilty in October 2009 to the charge of failing to notify the sheriff he changed his address in violation of sex offender registration rules.
Gadberry was also convicted in Hamilton County in 2002 on two sexual battery counts.
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