One officer returns to duty, another suspended with pay after viral Fort Wayne arrest as judge considers gag order

FORT WAYNE, Ind. (WPTA) - One Fort Wayne Police Department officer involved in Rahiem Kubisty’s arrest has returned to duty and another is suspended with pay as the investigation continues, FWPD told 21Alive News.

Police also say they will not release body camera video of the arrest until the criminal case against Kubisty has concluded in court.

The update comes as Allen County prosecutors seek a gag order that would restrict public statements by those involved in Kubisty’s case. A video of his September arrest circulated widely on social media.

READ MORE: Activist demands accountability, full footage after controversial Fort Wayne arrest

Prosecutors seek restrictions on comments

Allen County prosecutors are asking a judge to restrict public statements by people involved in the criminal case against Kubisty, whose arrest by FWPD was captured in a video that spread on social media.

The motion was filed Oct. 21. It asks the court to prohibit the parties, attorneys and witnesses from releasing information or making statements about the case through public communication.

The judge has not yet ruled on the request at the time of this report.

Prosecutors cited two interviews Kubisty gave after his release on bond, including one with 21 Investigates. They argue his public comments could make it difficult to find an impartial jury.

The filing came a day after 21Alive News published its interview with Kubisty. In that interview, he said he did not immediately pull over because he recognized an officer from a prior encounter.

Story continues below footage of our interview with Kubisty

Prosecutors argue that further statements and publicity could prejudice the case.

“The Defendant has made statements to media that he did not pull over because he recognized the officer from a past negative encounter. Stating in the 21Alive article that if he ‘…hadn’t seen that office rear view mirror; I would have pulled over right then and there.’ His statements to the media are being used to try and justify his alleged criminal actions, by talking about alleged past encounters with the officer who pulled him over. These such statements would likely be excluded at trial as evidence of prior bad acts or extrinsic evidence to prove specific instances of a witness’s conduct," the motion says.

“Further, the Defendant’s statements will hurt the State’s ability to find a fair and impartial jury. Both articles were posted on social media and have large numbers of interactions and commentors on each page,” the motion says.

Arrest prompted investigation

Police arrested Kubisty on Sept. 12 after an attempted traffic stop.

In a police affidavit, officers said Kubisty continued driving before stopping, then ran from his vehicle. Officers said they used physical strikes after he resisted their attempts to handcuff him.

Kubisty said he got on the ground and put his hands behind his back before officers began beating him.

He has also said officers mocked him and did not get him an ambulance when he asked.

In the video, you can also hear an officer telling the woman recording that she might want to “disappear.”

Story continues below video of the arrest. Viewer discretion is strongly advised.

FWPD Chief P.J. Smith placed two officers on restrictive duty and ordered an internal investigation after the arrest.

Kubisty recently told 21Alive News he was frustrated that the department had not released the full body camera video to the public.

Kubisty faces charges including resisting law enforcement, leaving the scene of an accident, operating a vehicle as a habitual traffic violator, and leaving the scene of an accident.

His jury trial is scheduled to begin in May.