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May 3, 2013

Man found lying in vacant Jeffersonville property

Police say he resisted arrest before taken into custody

JEFFERSONVILLE — A man was found, apparently passed out, by Jeffersonville Police Department officers after he broke into a vacant home, police reported.

JPD officers responded to a home at 340 Ohio Ave. Monday after a complaint was made from an unidentified person who reported hearing glass break near the front of the home, but had not seen anyone in the area. Officers arrived at the home and looked through a broken window and saw a man, later identified as James P. McGuire, 35, lying on the floor of the home. Police did not have a city of residence for McGuire.

“Officers observed only the legs and feet of a subject lying on the floor,” according to a probable-cause affidavit. “The  rest of the individual’s body was obstructed by a wall.”

Officers reported directing numerous verbal commands at McGuire, but no response was given.

As all other entry points into the home were boarded up, the officers entered the home through the same window that had been broken out. Officers found a large amount of broken glass near the window and a brick inside the home about 8 feet from the window.

“The subject had pulled his shirt over his head while sleeping in an attempt to keep warm. The shirt also covered both arms and hands,” according to the affidavit.

The officers reported clearing and securing the home and making attempts to wake up McGuire, who was still lying on the floor, where several open containers of alcohol were also located.

“When asked to show his hands, [McGuire] refused to do so while telling officers to leave him alone,” according to the affidavit.

Officers again gave verbal commands for McGuire to show his hands, but he refused to do so, police reported. The officers then used an arm bar technique to gain compliance of McGuire.

“[The] male subject continued to resist and would not comply with officers to show [his] other hand,” according to the affidavit.

As McGuire resisted being handcuffed, officers reported striking his knee and shoulder blade areas to gain compliance.

He was then placed under arrest and booked into the Michael L. Becher Adult Correctional Complex.

McGuire was charged in Clark County Circuit Court No. 3 on Thursday with residential entry, a class D felony, and criminal mischief, two counts resisting law enforcement, and criminal trespassing, all class A misdemeanor.

He is scheduled to return to the court June 6 for a pretrial conference.

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