Madeleine Winer

Courier-Journal

A judge Monday dropped an assault charge against an Indiana candidate for Congress who was arrested recently after being involved in a confrontation with a Kentucky State Police officer.

The judge said there was no probable cause to believe that Russell Brooksbank, a Libertarian running in Indiana's 9th district, intended to injure the officer during the Sept. 16 stop.

"I think it was completely appropriate ruling," said Ted Shouse, Brooksbank's attorney. "It was never Mr. Brooksbank's intention to harm the officer and the judge recognized that today."

Brooksbank is pleading not guilty to charges of improper or failure to signal and interference with an officer. He is due back in court Oct. 24.

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On Mondayaround 8:30 a.m., Brooksbank posted on Facebook Live before the court hearing and later posted that Jefferson County District Court Judge Anne Haynie asked if he wanted to enter a plea to get his charges "down to disorderly conduct." He also confirmed on Facebook that the assault charge was dropped.

"This proves that the legal system does work and that my opponents were quick to judge and quick to convict me," Brooksbank said an interview Monday. "I don’t know if people of the 9th district want people to represent them that have no idea of the ideal of innocent until proven quality. I wish they would have waited to see what all the facts were to make up their mind."

According to a Jefferson County arrest citation, Brooksbank was stopped by police along National Turnpike the morning of Sept. 16 after the officer pulled him over for improperly signaling by "using only his middle finger."

During the stop, Brooksbank, of Clarksville, Ind., was asked for his driver's license, proof of insurance and registration, the citation said. Brooksbank refused and told the officer he was going to record the interaction on his phone.

As he reached for his phone, the officer reportedly asked him three more times to provide the information. Brooksbank did not follow instructions, the citation said, and the officer attempted to take the phone.

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As the officer reached for the phone, Brooksbank grabbed the officer's left arm and attempted to pull him into the vehicle, the citation said. It added that the officer pulled back, ripping Brooksbank's shirt before he was able to open the door and arrest him, the citation said.

Brooksbank was booked into Metro Corrections on charges of third-degree assault of a police officer, obstruction/interference with a police officer, and failure to or improper signal, court records showed. He was held without bond and was released from jail early the next day.

He continues to collect donations to help fund his legal representation in the case. On a Facebook page titled "Free Russell," a link to the Brooksbank Defense Fund, an account where people can donate, was posted last month.

If convicted, Brooksbank would legally be allowed to run and hold office, according to Indiana election guidelines. He is running against Democrat Shelli Yoder and Republican Trey Hollingsworth in the race for the 9th district, which includes Harrison, Floyd and Clark counties.

Madeleine Winer is the Southern Indiana communities reporter for the Courier-Journal. Reach her at 502-582-4087 or by email at mrwiner@courier-journal.com.

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