A 25 year-old man facing up to a decade in prison for spitting in the face of a deputy jailer will go free after a Kentucky appeals court vacated his conviction.
Michael D. Padgett had been convicted of felony assault and sentenced to one year in prison for the 2014 incident in which he spat on a deputy jailer who was trying to restrain him. Because Padgett already had two felony convictions, he was a “persistent felony offender” and his sentence was increased to 10 years.
Padgett was tried twice for the crime. A state appeals court ruled Friday a judge was wrong to declare a mistrial in Padgett’s first trial, meaning the second trial was improper. The court ruled Padgett could not be tried again.
Source: AP
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