WAVERLY, Ohio — A federal appeals court on Friday upheld the conviction of a former Pike County sheriff’s deputy for violating an inmate’s civil rights but vacated his sentence, citing an improper enhancement for obstruction of justice.
Jeremy Mooney, 38, was sentenced to 100 months in prison last year after a 2023 trial where he was convicted on two counts of depriving Thomas Friend of his constitutional rights under color of law, in violation of 18 U.S.C. § 242. The Sixth Circuit Court of Appeals affirmed the conviction but remanded the case for resentencing, finding the district court failed to adequately justify a sentencing boost for alleged perjury.
The incident occurred Nov. 18, 2019, when Mooney, then a deputy, transported Friend, an erratic inmate, from Butler County Jail to a Pike County holding facility. Surveillance video showed Mooney securing Friend in a restraint chair with his hands handcuffed behind his back before pepper-spraying him twice in the face and punching him 11 times in the head over three bursts within 37 minutes. Mooney claimed the force was a reaction to Friend spitting on him, but the court rejected his attempt to introduce evidence that Friend had Hepatitis C as a justification.
The violence left Mooney with a broken hand, requiring hospital treatment, while Friend was also hospitalized. Mooney’s supervisor, Sgt. William Stansberry Jr., who was present during part of the assault, pleaded guilty to a related charge and was sentenced, though details were not disclosed.
At trial, deputies testified that use of force must be proportional and cease when a threat is neutralized, contradicting Mooney’s defense. The jury convicted him despite his testimony that Stansberry ordered the pepper-spraying. The probation department sought a two-level sentencing enhancement, alleging Mooney lied about the spitting and Stansberry’s instructions. The appeals court ruled the district court’s finding of obstruction lacked a clear determination of perjury, stating, “It did not even mention the word ‘perjury,’ let alone make a factual finding that Mooney committed perjury.”
The court upheld the conviction, citing sufficient evidence of Mooney’s willful violation of Friend’s rights, supported by video and testimony. However, it vacated the 100-month sentence—below the original Guidelines range of 135-168 months—and ordered the district court to reassess the enhancement. Mooney remains incarcerated pending resentencing, with no immediate release ordered. A reduced sentence could follow if the enhancement is adjusted, but the timeline remains unclear.