UPDATE: A former Red Bank Police officer accused of misconduct has been released on bond.  38-year-old Mark Kaylor was indicted this week on charges of aggravated assault, reckless endangerment, and official misconduct.

The charges stem from an April 2013 incident, in which he was captured on dashcam beating a man during an arrest. 

The man suffered a fractured eye socket and cuts and bruises to his face.

Kaylor has resigned from the department.


UPDATE:  
A grand jury has indicted former Red Bank Police Officer Mark Kaylor after an altercation during a DUI arrest last year.

Kaylor was indicted on three felony charges: aggravated assault, official misconduct and reckless endangerment. Bond has been set at $10,000. On Wednesday afternoon, Kaylor's attorney, Lee Davis, said they were working out arrangements with a TBI Agent for Kaylor to turn himself in.

"This is just one of those cases where there's a difference in opinion as to what factually happened," Davis said.

Kaylor and his defense team don't believe he's guilty of a crime. The officer officially resigned on Tuesday.

"Officer Kaylor understands that this will put a shadow not only on his part, but the department," said Davis. "So when it became clear that the indictment was imminent, he met with his chief and tendered his resignation, rather than dragging the department through that."

An internal affairs investigation cleared Kaylor last year after finding he followed policy and protocol. But the DA's office thinks a crime occurred.

Injuries are obvious in Candido Medina-Resendiz's mug shot, taken shortly after the alleged beating. One of Resendiz' attorneys out of Nashville, Kyle Mothershead, said he still hasn't fully recovered.

"He still has headaches periodically, he still gets blurry vision from time to time. We hope that he'll eventually make a full recovery, but at this point we don't know," said Mothershead, whose office will be filing a federal civil rights lawsuit against Kaylor and Red Bank in the near future.

"Once he starts pounding away, there's just no excuse for that at all," Mothershead said of the dash-cam video.

But Kaylor will fight the charges and hopes to eventually get reinstated. Davis plans to request the soonest available date for a jury trial.

"When he's been exonerated by a jury, if he's fortunate enough to have that happen, he will go back to Red Bank Police and ask them for his job back," Davis said.

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UPDATE:
A grand jury has indicted Red Bank Police Officer Mark Kaylor after an altercation during a traffic stop. 


Red Bank police say that Officer Mark Kaylor has resigned from the Red Bank Police Department. 


His resignation was accepted and became effective at the time of receipt to the city.


According to court documents, Kaylor must turn himself in to a TBI agent to be booked into jail. The officer's bond is set at $10,000.


Attorney's for Medina-Resendiz told Channel 3:


"We applaud the work of District Attorney Pinkston and the investigators at the TBI in pursuing justice for Mr Medina-Resendiz and the members of the community, especially after Chief Christol and the Red Bank Police Department commended Officer Kaylor's actions in this matter and put him back on active patrol.


Mr. Pinkston's unwavering pursuit of accountability in this case is a shining example of the principle that the Rule of Law applies to both the powerful and the dispossessed alike.
"




PREVIOUS STORY:
The case against a Red Bank police officer will be sent to the Hamilton County grand jury to determine whether the case will move forward.


Officer Mark Kaylor was cleared of wrongdoing by the Red Bank Police Department, after an internal review of complaints filed by Candido Resendiz and Osiel Rogue.  


READ MORE | Red Bank Police officer under investigation by TBI takes a leave of absence


But a previously withheld video, with scenes from Kaylor's arrest of the two, was reviewed by the Hamilton County District Attorney General's Office. The D.A. has now submitted the case to the grand jury, which will meet next week.