Inmate Toni Tramel will be the subject of new basis for an felonious assault on a prison guard: assault by breast milk. While Tramel claims it was an accident, a guard said that she was squirted in the face by Tramel on purpose when Tramel was being processed for public intoxication.
Normally, third degree assault in Kentucky is confined to a a person who “recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury.” However, there is a special provision for inmates:
Being a person confined in a detention facility, or state residential treatment
facility or state staff secure facility for residential treatment which provides
for the care, treatment, or detention of a juvenile charged with or adjudicated
delinquent because of a public offense or as a youthful offender, inflicts
physical injury upon or throws or causes feces, or urine, or other bodily fluid
to be thrown upon an employee of the facility.
The case will come down to intent and some interesting testimony. If guilty, Tramel succeeded in elevating a misdemeanor to a class D felony.
Here is the provision: 025
The officer went through a bio-hazard decontamination process after the incident.
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