LOUISVILLE, Ky. (WDRB) – A former Louisville Metro Corrections officer charged with drunk driving following a wreck with a fellow officer last fall has had his charges amended to DUI 3rd offense and official misconduct in the 2nd degree.
Despite having a blood alcohol level roughly two times over the legal limit, Terry Henderson was not immediately arrested after crashing into another officer on Sept. 26 while on duty.
It took more than three months before Henderson was charged Jan. 3 with official misconduct and drunk driving, his third DUI charge since 2019. He was fired last month.
On Friday in Jefferson District Court, Henderson pleaded not guilty to the amended charges and was given a $2,500 unsecured bond, meaning he won't have to pay a bail unless he fails to show for court.
Henderson was assigned a public defender and ordered not to drink or drive a vehicle. He is scheduled to be back in court on April 17.
So far, Louisville Metro Police or Metro Corrections officials have not fully explained why Henderson wasn't arrested following the crash after which he failed two breathalyzer tests and was then released.
An open records request for the Metro Corrections investigation that led to his termination was denied by the city, which said it was part of his ongoing criminal case and could not be released.
Henderson collided with Officer Andrew Young, who was going home after finishing his shift, on Cedar Street near the downtown jail, sending Young to the hospital where he was treated and released.
Police came to the scene and wrote an accident report. The report has a box checked saying alcohol was not involved.
But a criminal complaint filed in a January 3 court case says Henderson was taken to a medical center after the wreck and took two breathalyzers there, blowing a .151 and then 15 minutes later a .171, about two times the legal limit of .08. He is now charged with DUI and misdemeanor official misconduct.
Asked why Henderson was not arrested, a Louisville police spokesman previously said, "This matter is currently under review," and referred any other questions to Metro Corrections.
Sgt. Matt Sanders, a spokesman for LMPD, has said police "did not administer a (breathalyzer test) to Mr. Henderson."
"After consulting this case through the County Attorney's Office, our Public Integrity Unit believes the appropriate charges have been filed against Mr. Henderson," Sanders said.
Sanders said he could not comment further because an investigation is pending.
In a statement last month, Metro Corrections Chief Jerry Collins said he fired Henderson after an investigation was completed.
"We take these incidents seriously and we will continue to hold the men and women of LMDC to very high standards while they serve this community," Collins said.
Major Jason Logsdon, a spokesman for Metro Corrections, said Henderson was required to submit to a breathalyzer following the wreck as part of city policy.
Henderson was suspended and an investigation began the next day, according to a timeline provided by Logsdon. He was served with a "disciplinary actions notice" on Jan. 17 and then fired.
Before he was hired as a city jail officer, Henderson was fired from the Louisville Metro Police Department in March 2019 after getting arrested for a DUI in which his blood alcohol level was more than three times the legal limit.
He was then charged with a second DUI just months later. Metro Corrections hired him in 2021.
Since then, he was suspended or reprimanded several times.
On September 26, Henderson was driving his Metro Corrections vehicle when he attempted to make a U-turn at the intersection of South 6th Street and struck Young's vehicle at about 3:45 p.m., according to a police report. Young was taken to UofL Hospital, where he was treated and released.
In the March 2019 single-vehicle crash, officers found Henderson slumped over the wheel while the car was running; his breathalyzer was .257, or more than three times the legal limit, according to court and other documents.
He pleaded guilty in November 2019 to DUI and was sentenced to 30 days in jail, with 15 knocked off for time already served and the rest of the time conditionally discharged as long as he stayed out of trouble. His license was suspended for six months.
A few months after Henderson was fired by LMPD, he was again charged with a DUI after a wreck on June 7, 2019. The charge of DUI second offense was amended to DUI first and Henderson eventually pleaded guilty again in November 2019 and received the same sentence as in his previous case.
Despite his criminal history, Henderson was hired by Louisville Metro Corrections in August 2021, according to his personnel file.
He has since been disciplined several times, from reprimands for tardiness to suspensions for refusing or not showing up to work and using excessive force on an inmate.
"The use of force with (the inmate) was completely unnecessary and avoidable," according to an Aug. 3, 2022, incident report. Henderson was accused of hitting a female inmate five times.
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