Couple Says Arrest Was Unlawful in Butler County

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June 27th is a day Barry Fox and Sandra McKinney won't soon forget and a reason they've hired legal counsel.

On that day they believe the Butler County Sheriff wrongfully arrested Fox and put him in jail.

"It's totally uncalled for, it was an illegal act. It's a malfeasance of office in the clearest sense. Of course, the Sheriff's deputy is a public officer. He's a member of the governmental apparatus. Something failed here and failed here very badly," said attorney Gary Logsdon.

McKinney had filed a domestic violence petition on June 26th against Barry Fox saying he was dangerous, but it was denied by Butler County Judge Mike McKown.

However, a box was checked for a summons on the report and the Butler County Sheriff said based on the petition they had several reasons to arrest Fox.

"The block wasn't checked back there for an EPO, but it was checked for a summons. Still, he's supposed to have vacated the residence. There is trespassing there at least. He violated the court order, it had been filed. My deputy did everything in good faith trying to protect this lady," said Butler County Sheriff Scottie Ward.

McKinney told WBKO Wednesday, she didn't want all of the restrictions that came with the domestic violence petition. In fact, she wishes she hadn't filed it.

"I just made a rash decision without thinking over a stupid argument," said McKinney.

Now, Fox is out of jail and back with McKinney.

There are currently no suits filed, but Fox's attorney Logsdon said that is "an apparent possibility."

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