MUNCIE — A federal jury was unable to reach a verdict Thursday in the case of a Muncie Police officer accused of false reporting.
Corey Posey was charged in 2021 with one count of False Report, a felony, and faces up to 20 years in prison.
The jury deliberated for 14 hours. This is the second time his case has ended in a hung jury.
The U.S. Attorney's office says they will try the case a third time.
Posey is the remaining defendant in the federal government’s case against current and former Muncie Police officers — for police brutality or attempting to cover it up.
The allegations against Corey Posey stem from a 2018 incident in which Posey is accused of writing a report that implied suspect Lonnie Gannom failed to comply with commands.
Posey omitted from the report that his colleague, Officer Chase Winkle, struck Gannom’s head and neck with his knee and also omitted that Winkle caused Gannom’s injuries, the indictment read.
Gannom suffered facial fractures as a result of Winkle’s excessive force.
Posey was the only officer to go to trial.
Four other former Muncie Police officers have already pleaded guilty in the federal government’s case against current and former Muncie Police officers for police brutality or attempting to cover it up.
Posey’s previous federal trial earlier this year resulted in a hung jury after they failed to reach a verdict.
On Tuesday, Posey testified in his own defense and said he felt Gannom was not cooperating with his commands during the arrest and at one point pulled his arm away.
Posey said during the incident and while reviewing body camera footage of the incident, Posey was focused on his own actions not other officers, including Winkle.
Posey said that when he wrote the report, Posey knew he didn’t cause Gannom’s injuries. There were several officers at the scene but Posey didn’t know who caused the injuries, Posey testified.
Posey’s attorneys have pointed out that Posey was a rookie at the time, still in training, and that Sgt. Joseph Krejsa was expected to do an investigation of the Gannom incident.
Posey’s attorney also emphasized Posey wrote in his report that Gannom suffered “possible facial fractures” and had to be transported to the hospital.
Muncie Police Chief Nathan Sloan also testified Tuesday and said regarding Posey’s report on the Gannom incident, “I don’t believe it’s a lie.”
Sgt. Brent Brown, a retired Muncie Police physical tactics instructor, testified that officers are trained to document use of force by themselves and other officers.
Corey Posey has another criminal case pending.
He was arrested for drunk driving after Kokomo police said he rear-ended another vehicle on US 31, and a certified chemical test revealed his blood alcohol concentration was .087, which is above the legal limit of .08.
A federal judge placed Corey Posey on home incarceration with a GPS monitor and ordered him not to drive.
According to the order, he can't consume alcohol "at all" or possess a firearm or weapon.
Posey is not allowed to leave the house unless it’s for a pre-approved meeting such as meetings with his attorney or doctor appointments.
Federal prosecutors filed a motion following Posey’s drunk driving arrest asking for an arrest warrant for Posey.
“Posey hit another vehicle and endangered the community with his conduct,” read the motion filed by the U.S. Attorney’s Office. “It is also concerning that Posey felt the need to inform (Kokomo Police) Officer Riley on multiple occasions that he is a current and active Muncie Police Department Detective.”
Posey has remained on home incarceration until his second federal trial for false reporting, which began on September 11.
Howard County prosecutors filed formal charges against Posey for:
- Operating a Vehicle While Intoxicated Endangering a Person
- Oper Veh w/ Alcohol Concentration Equivalent to at Least .08 but Less than .15
An attorney for Posey declined to comment.
He is also the only police officer federally charged who is still employed with the Muncie Police Department.
Following his arrest, Posey was suspended for five days without pay from July 19 through July 23.
He will remain on unpaid leave pending a hearing by the merit commission, which has the authority to fire Posey.
Posey has been receiving a salary from the city for the past two years, WRTV Investigates has learned.
Muncie Police Department Chief Nathan Sloan placed Posey on paid administrative leave on April 14, 2021, the day after the federal indictment.
Posey has been on paid administrative leave from April 14, 2021, until August 3, 2023.
According to MPD, Corey Posey was paid a total of $129,052.71 from April 14, 2021 to June 30, 2023. His current hourly pay rate is $27.62.