SPOKANE -- John Luna was surprised at the news.

Getting good news in jail is probably a difficult thing to come by.

But he believes KREM 2 News may have delivered him some on Friday.

Luna had not heard that Pend Oreille County Prosecutor Mike Carbone decided that Spokane Police officer Rob Boothe would be charged with assault in Spokane Municipal Court today until reporter Will Pitts showed up to tell him.

Spokane Police Department

John Luna claims he was kicked by police officer Rob Boothe. Boothe denies the allegation.

"I'm pretty happy he's being charged," Luna said.

Luna said he was not surprised that Boothe continues to maintain his innocence.

"I knew he'd deny it," Luna said.

The charge is a misdemeanor and is punishable by up to a year in jail.

Carbone, who will oversee the case, interviewed three witnesses and says he feels there is sufficient evidence to proceed.

Boothe is accused of kicking a handcuffed suspect in the head following a pursuit in September.

Luna complained as so did another officer at the scene.

Boothe has denied any wrong-doing, despite contradictory statements from other officers and witnesses.

In fact, Booth told investigators he never kicked Luna.

"I did not kick him in the face," Boothe said in an interview. Later, Boothe added that he turned and planted his foot in "close proximity" to Luna'a head and may have made "unintentional contact" with it.

In a previous jail interview, Luna told Pitts: "I was kicked in the jaw. I was laying on the ground, I wasn't resisting or nothing."

Detectives have interviewed Luna about the incident and took pictures of bruising on his face. Luna admits he was breaking the law, but says he didn't deserve to be assaulted.

Boothe remains on paid administrative leave.