PORTSMOUTH, Va. (WAVY) — An indictment is being sought against a former correctional officer at the Hampton Roads Regional Jail in connection with an alleged incident from January.

The Office of Portsmouth Commonwealth’s Attorney said in a news release the incident involved an inmate and a correctional officer. 

10 On Your Side spoke with the former guard’s attorney, Nicholas Renninger. He says his client is Dale Barnes and that Barnes is no longer an HRRJ employee.

An arrest warrant for Barnes obtained by 10 On Your Side states Barnes was charged with misdemeanor assault and battery back in January. That charge was nolle prossed at a Dec.19. court appearance. 

The release from the Portsmouth Commonwealth’s Attorney said an indictment against the officer will be presented to an upcoming grand jury.

No additional information was provided in the release.

10 On Your Side is working to get more information on the alleged incident. Stay tuned for updates.