(Leitchfield, KY) – It was a dangerous situation that a Grayson County Sheriff’s Deputy found himself in as he was attacked by a prisoner while leaving the Grayson County Judicial Complex, Tuesday, April 2, 2013.
According to Grayson County Sheriff’s Detective Jeff Kelsey, Deputy Roscoe Swift and Deputy Burgin were leading eight inmates from the courtroom back to the sally port, located in the basement area of the courthouse.
The inmates were cuffed and standing in the sally port while Deputy Swift was unlocking the door to access the van and load the inmates to transport them back to the Grayson County Detention Center.
Detective Kelsey said, according to the video recordings, Inmate Todd Berkley (39) – also known by the FBI as the Elmer Fudd Bandit – looked back to take note of where Deputy Burgin was located. Berkley thought he was unnoticed and slipped his hand out of the handcuffs and attacked Deputy Swift from behind, demanding the keys to the van.
Berkley used an ink pen as a weapon and began to stab at the deputy’s neck, forcing the pen about 1/8” or less into Swifts neck, hitting his collar bone, according to Detective Kelsey.
Berkley was subdued by the two deputies and transported back to the jail, where he remains in custody.
Detective Kelsey said Berkley had been allowed to used the restroom before heading to the sally port area. He believes it was at this time the handcuffs were believed to be locked tightly enough but were not, leaving Berkley the ability to slip his hand free. Kelsey said he is still not sure where Berkley obtained an ink pen, and as of news time Thursday morning, he had not interviewed Berkley.
The investigation is ongoing at this time.
Both deputies were treated for minor injuries at the Twin Lakes Regional Medical Center.
Detective Kelsey said he had a meeting scheduled with the Commonwealth Attorney to determine charges to be filed against Berkley. Kelsey said he felt like the charges would be Assault, 1st Degree, Assault, 3rd Degree, Attempted Escape, Attempted Theft by Unlawful Taking, and Inciting a Riot.
Detective Kelsey said Berkley attempted to involve the other seven inmates, who did not participate.
Berkley missed striking Deputy Swift’s trachea by only 1/4”, which could have caused serious injury, according to Kelsey.
Berkley had just pled guilty to charges of Possession of CS/Heroin, 1st Degree, 1st Offense and Drug Paraphernalia – Buy/Possess. These charges stem from an event in Clarkson in November 2012, where Berkley was arrested for robbing a bank in Louisville. He was found in possession of heroin and drug paraphernalia, and was arrested by the Grayson County Sheriff’s Department.
Berkley was dubbed the Elmer Fudd Bandit due to his flannel shirt attire he was wearing while robbing multiple banks in the Chicago area.
Berkley is a resident of Illinois.
He is being held at the Grayson County Detention Center. He is to be sentenced on May 7, 2013 in Grayson County Circuit Court for the guilty plea of the drug charges.