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Tuesday, May 3, 2016

Officers injured while arresting Clay City suspect

Friday, June 16, 2006

Two local law enforcement officers received minor injuries while attempting to arrest a man involved in a protective order violation Tuesday afternoon.

At 2:24 p.m., Deputy Brian Pierce responded to a 911 call from an individual reporting Robert Earl Westenhaver, 26, of Clay City, whom they had a protective order against, had broken into their home.

Around 3:30 p.m., Deputy Pierce located the suspect in the front yard of a home on Washington St. in Clay City.

While questioning Westenhaver about the incident, he became agitated, saying that he "wasn't going to be arrested."

Pierce attempted to take Westenhaver into custody, but he began to struggle, injuring the deputy's left arm.

Pierce called dispatchers for backup.

Clay City Deputy Marshal Mick Nieswinger arrived on the scene and used mace in an attempt to stop the fight, but was unsuccessful.

Reserve Clay City Deputy Marshal Kris Keller arrived shortly after Nieswinger.

The three officers were unable to subdue Westenhaver.

Chief Deputy Doug Barr said by the time other officers arrived "the fight was out of Westenhaver" and he was taken into custody without incident.

Following protocols for mace usage, Sheriff Mike Heaton said Westenhaver was decontaminated at the scene, and again at the jail before being checked for injuries by medical personnel. His injuries were minor and consistent with the struggle.

Pierce was taken to St. Vincent Clay Hospital for X-rays while Nieswinger was treated and released at the scene. Nieswinger was sore from his injuries, but was able to return to duty.

Keller was not injured in the incident.

Pierce was at work Thursday at the Clay County Justice Center to finish paperwork. He will be off duty the next three days of his normal shift rotation. It is hoped his left hand and wrist will be better at that time.

Westenhaver was arrested on three preliminary charges of Battery on law enforcement causing bodily injury, a Class D Felony; Resisting law enforcement, a Class A Misdemeanor; and Residential entry, a Class D Felony.

Booked into the Clay County Justice Center with a $7,000 cash bond, he is awaiting arraignment on the charges.

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