Sutterfield was arrested in April of this year for use of excessive force during an arrest, conspiracy, and filing a false report. In July a federal jury in Harrison found him not guilty on the counts of conspiracy and filing a false report. At that time the jury could not decide if Sutterfield had used too much force during the 2013 arrest.
Sutterfield agreed to step down as chief of police and to never serve in law enforcement again, in exchange federal prosecutors are dropping the charge of excessive force.
The former chief of police was originally facing ten years in prison for the excessive force charge. According to court officials the prosecutors can still commence the criminal case against Sutterfield if he does not follow the agreement.