LAFAYETTE, Ind. (WLFI) — Court documents are shedding more light on the incident that resulted in Lafayette Police Lt. Tom Davidson’s suspension and demotion.
According to court documents, the incident occurred on Oct. 1, and it all started at a charter school in the 600 block of N. Ninth Street in Lafayette. Documents show police arrived there just after 12:30 p.m. after a student told security he had a gun in his backpack.
That individual was identified as 25-year-old Nicholas Kincade, who uses a motorized wheelchair.
According to documents, Kincade was being difficult when officers asked to search his backpack. He said they needed a search warrant. He was also cursing at the school’s security guards. Once officers were able to look inside the backpack they found a pocket knife, but no gun.
Because Kincade was on the sidewalk, officers decided to not arrest him for having a knife on school property. Instead, court documents reveal Davidson asked Kincade to calmly leave the property.
That’s when Kincade drove his power wheelchair over Davidson’s foot and shin, according to the police incident report.
In that report Davidson said, “The weight of the chair caused enormous pain to my foot and shin. I knew I had to get the weight off my leg to reduce the pain and any injury, so I gave a two handed strike, open handed, to KINCADE’s right shoulder.”
The strike sent Kincade to the ground, where he received a scratch to his face.
Two other officers were unable to lift Kincade’s chair upright because they said it weighed more than 200 pounds.
When Kincade was asked why he drove his wheelchair over Davidson’s foot, he said he didn’t see him. Other officers said that was clearly not true.
Kincade was then arrested for battery on a law enforcement officer. That case was later dismissed.
Kincade does have a lengthy record — pleading guilty to residential entry in 2008 and operating while intoxicated in 2011. He had charges of intimidation, resisting law enforcement and public nudity dismissed back in 2010.
Last week, Davidson was suspended, demoted, and put on probation for a year by the Civil Service Commssion. A special prosecutor out of Boone County will handle the case. News 18′s request for audio or video evidence from the incident has been denied until that investigation is complete.