Indianapolis firefighter sentenced to probation after attacking former state lawmaker
INDIANAPOLIS (WISH) — A member of the Indianapolis Fire Department has been sentenced to probation for attacking a former state lawmaker near the Indiana Statehouse last fall.
Prosecutors charged 35-year-old Thomas Gatto with criminal recklessness and felony battery resulting in moderate bodily injury for the off-duty incident that injured former Indiana state representative Patrick Kiely, who was 69-years-old at the time, in September 2021.
Gatto was arrested for simple assault in the area of Capitol and Ohio Streets after a game between the Indianapolis Colts and the Los Angeles Rams, according to a report filed by Indianapolis Metropolitan Police Department officers.
The police report identifies Kiely as the victim.
According to court docs, on Sept. 19, 2021, Kiely and his son were leaving a Colts game. Kiely was struggling with hip pain and decided to take an Indiana BikeCab to get to his car.
Indiana BikeCab is a pedicab company that services downtown Indianapolis.
While riding the BikeCab, a group of four people, including Gatto, yelled derogatory comments toward Kiely regarding his age, court papers say.
As Kiely exited the cab portion of the bike cab, Gatto lifted him off the ground and shoved him face-first to the ground.
Kiely’s face, arm, left shoulder, and both knees were injured. Officers said there was blood on the sidewalk where he had been shoved.
He received six stitches above his left eye.
Gatto appeared in court earlier this month and pleaded guilty to one count of misdemeanor criminal recklessness as part of an agreement that led prosecutors to drop the felony battery charge.
A judge on Thursday gave Gatto a six-month suspended jail sentence and ordered him to serve six months on probation. He was also ordered to pay nearly $9,000 in court fees.
At the time of Gatto’s initial arrest, IFD suspended him for 30 days without pay, after which he was placed on an administrative assignment, according to a statement provided Monday by IFD Battalion Chief Rita Reith.
Gatto remains employed with IFD and could soon be reassigned to active duty.
“As we have learned, the legal process regarding his case was resolved on November 10th with no pending felony charge. IFD will review our policies to see if additional discipline is warranted. Pending that review and possible additional discipline, Private Gatto will return to active duty,” the statement reads.
IFD did not describe the policy review or say what additional discipline could be warranted.
