Officer indicted in stunned councilman case

PRAIRIE VIEW, Texas (FOX 26) - It was an arrest that made national headlines in 2015. A Prairie View city councilman was stunned was a Taser by a Prairie View police officer in October 2015 and charged with resisting arrest. That was after Councilman Jonathan Miller asked why his fraternity brothers were being questioned by officers just outside of his apartment during homecoming week.

The arresting officer, Michael Kelley, was indicted by a Waller County grand jury on Friday. Assistant Criminal District Attorney Noah Johnson says the officer will be charged with official oppression which is a misdemeanor violation. Prosecutors say this sends a message to the law enforcement community.

"To the extent if officers want to arrest someone unlawfully and knowingly unlawfully, that's not going to be tolerated in Waller County and it's not going to be tolerated in the state of Texas," says Johnson.

The district attorney's office has decided to expunge the initial arrest of Councilman Miller, FOX 26 News has learned. In the meantime, Miller surrendered his police identification and badge to his boss, Prairie View police chief Larry Johnson on Monday. He's been relieved of duty without pay but is there a chance Kelley could be back on the streets while he awaits trial?

"Until we actually have a chance to see the indictment and see what the grand jury saw and then we will proceed from there," says Johnson.

Miller declined to comment on the case.

As of Monday afternoon, Kelley had not turned himself in on his oppression charge.