Man claims deputy beat him, injuries self inflicted, report says

A man who claims a sheriff deputy beat him had a blood alcohol content level three times the legal limit and his injuries were self inflicted, according to report released today, Jan. 6

Donald Gadberry, 38, 101 S. High St., South Lebanon, was arrested by Lebanon police Dec. 26 on domestic violence charges. Gadberry was brought to the Warren County Jail where he later passed out so deputies transported him to Bethesda Medical Center at Arrow Springs, according to a sheriff’s office incident report.

Gadberry claims Deputy Jamie 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.

Gadberry’s blood alcohol content was .264, three times the legal limit of .08. 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 said the incident will be investigated, but the investigator has been out of the office and won’t start work on it until today, Jan. 6.

Warren County Sheriff Larry Sims said he had not seen the allegation Gadberry lodged against Apking.

“I don’t even take a look at it until the internal investigation is done, that way I don’t form some sort of opinion about what did or didn’t happen,” Sims said.

According to Lebanon police records, a Lebanon woman walked into the police station at about 11:30 p.m. Dec. 26 and lodged a domestic violence complaint against Gadberry.

He allegedly came to her house — they are estranged, but he is the father of her child — and “freaked out,” according to the police report. He broke her bedroom window, a lamp and her cell phone and then threw her on the floor and began punching her in the face. Police found Gadberry asleep, naked in the woman’s bed. He was arrested and brought to the jail.

Gadberry appeared in Lebanon Municipal Court on Monday, Jan. 4, and his bond was set at $50,000. The case was bound over to the Warren County Common Pleas Court.

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.

He was sentenced in Hamilton County in 2002 on two sexual battery counts..

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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