Charges filed against two sheriff’s employees following incident at jail

Charges have been filed by District Attorney Mark Dupree against two Wyandotte County Sheriff’s Department employees after an incident at the Wyandotte County Jail on Sept. 5.

Sgt. David J. Toland, 47, has been charged with aggravated battery and mistreatment of a confined person. The battery charge is a felony and the mistreatment charge is a misdemeanor.

Deputy Marcus Johnson, 34, faces two misdemeanor counts, mistreatment of a confined person and assault.

The two employees have been placed on administrative leave, according to a statement from Sheriff Don Ash. They were not being held in the Wyandotte County Jail.

When Ash learned about the incident, he did a preliminary review and then asked the Kansas Bureau of Investigation to investigate, according to his statement. That investigation was turned over to the district attorney, who filed charges Nov. 13.

There is also an ongoing administrative investigation by an outside agency to determine whether the employees violated any departmental policies, according to Ash.

Toland and Johnson are presumed innocent unless and until proven guilty, the district attorney’s spokesman stated.

Sheriff Don Ash’s statement:

“On September 6, 2019, I learned about an incident in the jail involving employees and an inmate that happened on September 5, 2019. Following a preliminary review of the incident, I placed an employee on administrative leave and referred the matter to the KBI for investigation. The District Attorney’s Office has now filed charges against two employees as a result of that investigation. Both charged employees have been placed on administrative leave. I also requested an administrative investigation by an outside agency to determine whether employees violated any policies. That investigation is ongoing.

“All people facing criminal charges are innocent until proven guilty. The Sheriff’s Office has and will continue to cooperate fully in the investigative and judicial process.

“As Sheriff, I hold myself and my employees to the highest moral, ethical, and legal standards. This incident does not reflect our organizational values or my personal values and I take it very seriously. This incident will not distract from our ongoing mission to serve and protect our community, including inmates in our custody, guided by our core values of equality, respect, service, honesty, and integrity.”