Jury Acquits BOP Lieutenant of Deprivation of Rights Under Color of Law, Falsifying a Document with Intent to Obstruct a Federal Investigation, and Witness Tampering

On April 18, 2025, a federal jury acquitted a BOP Lieutenant assigned to the United States Penitentiary (USP) McCreary in Pine Knot, Kentucky, of one count of deprivation of rights under color of law, one count of falsifying a document with intent to obstruct a federal investigation, and three counts of witness tampering after a one-week trial. Zachary Toney was acquitted in the Eastern District of Kentucky. According to the Indictment, in or about April 2022, Toney was accused of kicking and striking an inmate while the inmate was on the ground and handcuffed, falsifying a memorandum to cover up the use of unlawful force, directing two subordinate employees to falsify their reports, and corruptly persuading the inmate to drop the allegation that Toney assaulted him. This investigation was conducted by the OIG’s Lexington Locale Office and the FBI.