HENDERSON, Ky (WEHT) – The Posey County Prosecutor’s Office said they are not pleased with a sentence handed down to a Mt. Vernon man convicted of battery against and attempting to disarm a law enforcement officer.
Michael Scott Funkhouser, 36, was sentenced to 12 years after pleading guilty to possession of methamphetamine, attempting to disarm a law enforcement officer, battery against a public safety official, possession of a controlled substance and possession of paraphernalia. However, Judge Craig Goedde ordered that only 4 of the 12 years will be served in prison, with the remaining 8 years suspended to Posey County Community Corrections.
Posey County Prosecutor Thomas Clowers argued that Funkhouser had previously violated the terms of conditions of Posey County Community Corrections on two separate occasions while he was out on bond in this case.
“My office argued for a much tougher sentence,” said Clowers. “As evidenced by his actions during this incident, we believe Mr. Funkhouser is a dangerous individual to have in our community. What would have happened if Mr. Funkhouser was able to retrieve the handgun from his pocket or take the gun from Deputy [Aaron] Straub? Thankfully we don’t have to know the answer to that, and Deputy Straub as able to return home from work to his family after this incredibly scary and serious situation. While my office does respect the court’s sentence, we certainly do not agree with it. My office will be consulting with the Indiana Prosecuting Attorneys
Council as to our options on appeal.”
Authorities say Deputy Straub initiated a traffic stop on Funkhouser on August 11, 2021, after observing his vehicle fail to signal and driving without headlights. After being stopped, authorities say Funkhouser exited his vehicle and began approaching the officer’s patrol vehicle. Funkhouser reportedly became aggressive and shoved the officer, saying he was not going to jail. While being detained, Deputy Straub said Funkhouser attempted to gain control of his weapons, but he was unable to remove it from his belt. During a search, officers say they found a handgun in Funkhouser’s pocket as well as a “large amount” of methamphetamine, as well as an additional firearm in his vehicle.