FALMOUTH, Ky. — Earlier in April, during a Falmouth, Ky. city council meeting, police walked into city hall and arrested the town's former mayor, Sebastian Ernst.
I obtained body camera footage that shows multiple lawyers first told police not to do that, because Ernst was attending a public meeting of city council in a public space. Still, Falmouth Police Chief Marty Hart advised officers to put the former mayor in handcuffs and book him on a criminal trespassing charge.
About 20 minutes before officers arrested Ernst, you can see and hear officers approach him in the waiting area of Falmouth City Hall. The officers asked Ernst if he had been given a criminal trespassing warning earlier that day, which Ernst denied.
Body camera footage from two officers shows Ernst was calm and collected when they spoke with him.
"This is a public meeting, right?" Ernst asked one of the officers.
"From what our chief said, he’s asking you to leave," the officer said.
While this was happening, the city council was in a closed-door session hours before members announced who they would be appointing as the next mayor.
"Am I just being prevented from the political process?" Ernst said.
"I have no idea," one of the officers said.
See more of the body camera footage in the video below:
Earlier that day, Hart issued Ernst a criminal trespass warning after Ernst allegedly made threats against employees at the police department. That resulted in the chief ordering Ernst not to enter any city properties.
"I don't think that's a lawful order. I'm just here to watch over a meeting; it's public," Ernst told the officers.
One of the officers then left the room to confer with attorneys on the issue. Over a speakerphone conversation, the officer appeared to be asking city attorney Brandon Voelker, for advice about arresting Ernst.
"I wouldn’t unless somebody is being unruly in a public meeting. I wouldn’t, I don’t think that’s a trespass," Voelker said.
Voelker then advised the officer to contact Pendleton County Attorney Stacey Sanning to ask for her take on the matter. The officer calls Sanning and has a conversation with her on a cell phone that cannot be heard in the body camera footage.
Five minutes later, the officer tells the acting Falmouth city attorney what Sanning had to say.
"Stacey said no, since it’s a public meeting, but she said to make sure you warn the entire crowd, even though this is a public meeting, that if they continue to disrupt or interfere with the operation of the meeting, they will be dealt with," said the officer.
The officer then goes to find Hart.
"Stacey said that since it's a public meeting, we can't charge him for trespassing," the officer said.
"According to the chief legal counsel of the League of Cities, we can," Hart said.
"Okay, but that’s what Stacey was saying," the officer said.
"If you want to go ahead, we’ll see what happens," Hart said. "I don’t care how you do it, just deal with it. Be like Stacey, we’ve talked to J.D. Chaney with the League of Cities and he’s (inaudible), we're within our rights to do it."
The officers returned to where Ernst was waiting in city hall and told him they would arrest him for criminal trespassing if he did not leave.
"I’m sorry, I’m about to stand up for my rights here," Ernst said.
"I understand," one officer said.
"So we are asking you to leave," the other officer said.
"I’m just here to see an opening meeting," Ernst said.
That’s when officers instructed Ernst to put his hands behind his back, and they handcuffed him inside City Hall.
Two weeks ago, Chief Hart and the City of Falmouth would not go on camera to talk about the arrest. We wanted to follow up and give Hart another opportunity to speak for this story, but when I went to the police department Wednesday, an employee said he wasn't in the office. Hart emailed us in response and said he was out because of an illness, but he invited us to attend a town hall meeting Wednesday night where officers and Falmouth's new mayor would be able to answer our questions.
After Ernst’s arrest, Sanning released a statement saying she would not pursue charges against him, citing Kentucky's Open Meetings Act.
We learned Ernst plans to sue the City of Falmouth and Chief Hart in federal court for civil rights violations.
Ernst was removed from his position as the city's mayor in 2024, amid an investigation into allegations of misconduct, which Ernst disputed. After that, Luke Price was named interim mayor to replace Ernst; he resigned in April and Falmouth City Council appointed Sabrina Hazen to serve the rest of Price's term — the same day Ernst was arrested.
