The Owensboro Fraternal Order of Police Lodge #16 is expressing disappointment after a man was found not guilty of attempted murder of a police officer last week. The FOP said in a letter that the legal system “failed the victim and society as a whole” and the verdict “makes Daviess County more dangerous.”
Following a 3-day trial, a Daviess County jury deliberated for roughly 2 hours before announcing it found Harold Sanders, Jr., now 34, guilty of third-degree assault and resisting arrest after an incident involving a police officer in September 2020.
The jury could have found Sanders guilty of first-degree attempted manslaughter or second-degree assault but ultimately agreed there was not enough evidence to prove him guilty of those charges, leading to the third-degree assault conviction.
Sanders was also found guilty of resisting arrest and first-degree persistent felony offender but was found not guilty of disorderly conduct.
“The members of Owensboro Fraternal Order of Police Lodge #16 are disappointed in the results last week from the jury trial of Harold Sanders, Jr. where he was found not guilty of attempted murder of a police officer. The facts in this case are clear: a police officer was savagely attacked and stabbed in the face by Mr. Sanders while attempting to take him into custody for an outstanding warrant,” the letter sent by FOP Lodge #16 President George Ballard reads.
Sanders was initially charged with attempted murder after police alleged he stabbed Owensboro Police Department Officer Austin Esther in the face during an incident in September 20202 in the 700 block of Walnut Street.
According to reports, OPD responded to a disturbance call made by Sanders’ mother and uncle, who claimed Sanders was causing a scene by throwing items in the front yard of their home.
Reportedly, two officers attempted to arrest Sanders, telling him he had a warrant out for his arrest. According to 2020 testimony, during an altercation with Sanders, Esther sustained a large gash on the left side of his face that ran from his cheekbone to his neck. Esther required several stitches for the injury.
The FOP letter reads, “The seriousness of an assault by definition is based upon the risk of death or seriousness of the injury, not just the level of injury that was caused. Most people would agree that attacking someone in the face with a knife is likely to seriously hurt or kill. During this assault on law enforcement there were only minor injuries to the officer, but that should not negate the intended serious physical injury that was intended. Unfortunately, this case is another example that occurs far too often where the legal system failed the victim and society as a whole.”
The letter continued, “Our community is better than this. The men and women in law enforcement across this country put their lives in danger to protect the innocent and deserve to feel that their lives are valued. Failing to convict a lifelong criminal who attempts to kill an officer is an absolute miscarriage of justice. This verdict makes Daviess County more dangerous, and our community will again be exposed to this dangerous criminal much too soon.”
The jury recommended Sanders receive the following sentencing as a result of the charges it convicted him on:
- Third-degree assault – 5 years
- Resisting arrest – 12 months
- Persistent felony offender in the first degree – 20 years
Sanders’ final sentencing — which will be officially handed out by Judge Lisa Jones, who will either enforce the recommendation or can issue her own sentence — will take place at a later date.
The FOP addressed the multiple felony convictions for Sanders, who was charged with another felony last week for his role in an alleged drug trafficking scheme that occurred while he was on trial.
According to the Daviess County Sheriff’s Office, during Sanders’ trial, food was delivered from outside the court system and was intended to go to Sanders. According to DCSO, the food was found to contain a controlled substance and detectives determined Sanders conspired with at least five other individuals, including some incarcerated at the Daviess County Detention Center, to introduce the contraband to inmates at the jail.
Addressing the conviction of being a persistent felony offender, the FOP wrote, “Mr. Sanders has been charged and convicted of numerous felonies on multiple occasions, and yet the judicial system has failed to make him serve the time. There is no way that Mr. Sanders should have been free to commit this assault, and it is disgusting that he will not serve significant time for this assault on a law enforcement officer who was attempting to take him into custody for a court-ordered warrant.”
The FOP ended their letter with a pair of open-ended questions:
“When will the disrespect of law enforcement and our communities stop? When will we stop giving dangerous criminals the opportunity to live free in our society to continue victimizing others?”
