Affidavit gives details in Wichita police sergeant’s domestic violence case

Wichita police Sgt. Dwain Diehl slammed his wife’s head into a wall, tried to suffocate her, pointed a gun at her and threatened to have her arrested, according to an affidavit released Wednesday.

The three-page affidavit by a Sedgwick County sheriff’s detective goes into detail on a series of crimes allegedly committed by Diehl, who has been charged with 13 counts of domestic violence, including assault and battery.

Diehl’s defense attorney, Sal Intagliata, said: “The affidavit is a one-sided document. ... The allegations on paper are just that — allegations that have yet to be proven. We would sincerely ask that the public withhold any judgment of Sgt. Diehl as this case continues through our court system.”

The Eagle, which sought the release of the document, obtained the affidavit at Sedgwick County District Court after a judge had it released.

The probable cause affidavit is a court document used to justify the arrest and charging of a suspect. The accounts in the affidavit come from interviews with Diehl’s wife conducted by a sheriff’s detective and a Wichita police detective.

Diehl, 47, who has investigated domestic violence and sex crimes during his 19-year career with the Police Department, was arrested Jan. 6. He remains suspended from the department with pay.

The alleged abuse began before the couple’s marriage in August 2012, the affidavit says. Then, between August and November 2012, Diehl slammed his wife’s head into a wall, multiple times, in two separate incidents, the affidavit says. His wife “became nauseous and believed she had a concussion,” it says.

In the second alleged attack, she became disoriented, fell to her knees and “had to crawl” to a bedroom, it says. When “she told him she needed to go to the hospital,” Diehl replied, “Call someone who gives a (expletive)!” the affidavit says. She didn’t seek medical treatment but thought she had a concussion, it says.

During an argument in November 2012, Diehl squeezed her hand so hard, she heard it “pop,” felt extreme pain and thought her hand was broken, the document says.

In April 2013, after she told him she was leaving him, Diehl told her, “No you’re not” and added: “I’m going to make you watch me blow my brains out,” the affidavit says. He had pushed her into a walk-in closet and wouldn’t let her get out, it says.

After that incident, she moved out of their house and into an apartment, the affidavit says.

In the summer of 2013, while they were shopping in Derby, he called her names and talked about her father, who had recently died, and she became upset and hit Diehl, the affidavit says. After that, Diehl “continually threatened” to have her arrested, it says.

In the fall of 2013, while they were lying together, he “became enraged,” “climbed on top” of her and “put his hand over her mouth and nose so she was unable” to breathe, the document says. He then “would periodically remove his hand and replace it” after she tried to breathe, it says.

The force left injuries above both of her eyes, which “she documented with photographs taken on her phone,” the affidavit says.

The final incident occurred on Dec. 31, 2014, the document says.

As Diehl was driving her home after dinner, “he abruptly changed courses,” and when she told him she wanted to go home, he answered: “I’m taking you, I’m in control,” it says.

She was afraid and didn’t object, it says, and hours later while driving her toward her home, he gave her a pouch containing a handgun and told her to unzip it.

“At this time, Dwain drew a handgun from a holster on his hip and began recklessly waving it around, pointing it at” her “numerous times,” the document says.

It made her afraid for her life, and she tossed the pouch with the gun away from her, it says.

This story was originally published February 4, 2015 at 9:24 AM with the headline "Affidavit gives details in Wichita police sergeant’s domestic violence case."