A Stephens County man is free on $30,000 bond after he was accused of a drunken kick to a Duncan police officer.

Tommy Lee Cain, 29, of Duncan, made his initial appearance Friday in Stephens County District Court where he received a felony charge of assault and battery on a police officer as well a misdemeanor counts of resisting police and public intoxication, records indicate. The felony is punishable by up to five years in prison.

Cain was arrested July 15 following an incident at a home in the 1000 block of North 5th Street in Duncan.

Police were called on the report of an intoxicated Cain attempting to get into a home. According to the probable cause affidavit, officers found Cain in the backyard of the home, and he said he didn’t know whose property it was.

An officer approached and said Cain began to back up and look behind him. Another officer joined and they tried to take Cain by the wrists to detain him. He continued pulling away, then tried to push the officers away, the affidavit states. As he tried to break free, one officer gave him a leg sweep, taking him to the ground.

Cain became more resistive, according to the investigators, and began kicking while failing to provide his hands to be cuffed. The officers both delivered hand and knee strikes and Cain offered a defiant statement, according to the affidavit. At one point, an officer said Cain rolled onto his back and kicked him in the groin before rolling back onto his stomach and hiding his hands underneath.

Once an officer began using his baton on Cain’s lower legs and thigh area, he was taken under control and handcuffed, the affidavit states. Officers smelled alcohol and asked Cain how much he had been drinking. He replied, “Probably way too much,” according to the officers.

Freed Monday on $30,000 bond, Cain returns to court at 9 a.m. Sept. 8 for his preliminary hearing conference, records indicate.

Written by Scott Rains:

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