ST. LOUIS — A former St. Louis police officer will spend the next three years on federal probation for lying to the FBI and a grand jury about what she saw during the assault of a fellow officer who was working undercover as a protester in 2017.
Bailey Colletta pleaded guilty about two years ago and has been free on bond ever since.
She was facing as much as four years in prison for the charges, but federal prosecutors recommended she spend two years in prison.
"We have a police officer who lied to an FBI agent and a grand jury and in our society we look up to police officers, we trust in what they say...She must be held accountable," said First Assistant U.S. Attorney Carrie Costantin.
Her attorney, John Kilo, asked for probation, saying his client's judgement was influenced by her boyfriend at the time, former Officer Randy Hays. He was also her training officer and she only had five months on the force.
Hays was sentenced to 52 months in prison Tuesday for depriving Hall of his civil rights — a charge that could have landed him 10 years in prison. But Hays pleaded guilty, cooperated with the federal investigation and also testified against three other fellow officers also accused of the assault on Hall.
"They ended their relationship months ago," Kilo said. "She no longer has that problem."
Kilo called Colletta's role in the assault of Detective Luther Hall, "minimal." The attack left Hall with a jaw injury that induced complications from drastic weight loss and in need of surgeries to repair spinal damage.
"She was nothing more than an observer," Kilo said.
Judge E. Richard Webber disagreed.
"I do not classify her as a minimal participant in this," he said. "Her testimony is substantial."
Nonetheless, he ultimately sentenced her to probation, which includes two consecutive weekends in jail and she will have a federal felony conviction on her record for the rest of her life.
Colletta addressed the court, and, at one point, Hall himself.
"I entered the police department with the intent to help the community and arrest felons," she said, pausing between tears. "Not to become one."
She then turned to Hall, who was sitting in the gallery, took several deep breaths and said: "I'm so sorry this happened to you. I never want anyone to go through the pain that I have caused you and I am very sorry."
Hall stared back at her, nodding slightly so she knew he heard her, but left the courtroom without comment. His supporters hung their heads in disbelief after the judge delivered his sentence. Hall took several moments to stand up from his seat.
Their reaction was markedly different than Tuesday's hearing in which the same judge sentenced former Officer Randy Hays was to 52 months in a federal prison for assaulting Hall.
Colletta embraced her parents and wept with them.
Webber acknowledged some would not be pleased with his decision.
"I realize the sentence I'm about to impose is one that will not sufficiently address the issue of deterrance, but in this case, Ms. Colletta has suffered the consequences of a felony conviction and she has demonstrated she has the heart to use the rest of her life to atone for her actions," he said. "I believe a sentence of prison would be more detrimental to her than beneficial."
He also addressed Hall during the one-hour hearing, telling him he believed there is a "major racial problem in the St. Louis Police Department," and suggesting the department use Hall to help find a way forward from it.
Hall is Black. The officers accused of assaulting him are white.
"It's disgraceful," Webber said. "The things I have read in those police reports, the statements that were made at the scene were graphic and hateful statements and I hope at some point someone at the police department has enough judgement to reach out to you and use your experience to make substantive reforms because they are long overdue."
At a trial in March, Officer Steven Korte was acquitted.
Former Officer Christopher Myers was acquitted of the deprivation of civil rights charge, but the jury hung on whether he destroyed Hall’s cellphone to conceal evidence it captured of the assault.
And the jury hung on whether former Officer Dustin Boone deprived Hall of his civil rights.
At a re-trail of Boone and Myers in June, the jury convicted Boone of depriving Hall of his civil rights – so he, too, is facing up to 10 years in prison. His sentencing has been scheduled for Sept. 15.
The jury hung once again on whether Myers destroyed the cellphone to impede the investigation.
The U.S. Attorney’s Office has not said whether it will try Myers for a third time on the charge.
A victim impact statement from Hall was during the sentencing. You can read the full statement below.
5 On Your Side's Christine Byers is following the sentencing Thursday and will update this story as more information is released.