Grand jury declines to indict Kentucky FBI agent in domestic violence case

A Woodford County Grand Jury has decided not to indict a Kentucky FBI agent who was accused of assault and strangulation in an alleged domestic violence incident, according to court records.

Special agent Michael Van Aelsytn, 44, was charged with first-degree strangulation and fourth-degree assault-domestic violence after he was accused of dragging a victim through a hallway and strangling them during an argument in July 2021, leaving visible injuries, according to court records.

Details of the domestic violence case were revealed in a preliminary hearing on Jan. 3, when his case was ultimately sent to the grand jury, court records state. The grand jury declined to indict last week.

If those charged with a crime are in custody, the case is typically presented to a grand jury within 60 days. But Van Aelstyn was released from jail on an unsecured bond last year, so a 60-day timeline did not apply, according to Alan George, the Woodford County attorney.

When a grand jury declines to indict a defendant, their case is dismissed without prejudice, which means charges could be presented again to a different grand jury, according to state law.

While Van Aelstyn’s charges will not be sent to circuit court, he is still under an “administrative inquiry” within the FBI Louisville Field Office, according to a spokesperson with the FBI. The inquiry began at the time charges were filed against him.

Van Aelstyn’s attorney, Robert Duncan Jr., declined to comment Tuesday. Van Aelstyn has previously denied strangling or assaulting the alleged victim, according to testimony given in district court.

In court testimony during the Jan. 3 hearing, the court heard from Versailles police officer Coleman Sparks, who said the investigation began following a traffic stop he conducted with a family member of the victim.

According to Sparks, he pulled over a white vehicle with the taillight out around 2:24 a.m. on July 9, 2021, and said he saw the victim upset in the passenger’s seat and asked what happened. The victim briefly explained they were in an argument, but declined to say more.

A family member said the victim and Van Aelstyn had been out drinking earlier, according to Sparks’ testimony.

Sparks said in court that the victim told police Van Aelstyn dragged them down a hall and they suffered an injury to their right forearm as they tried to get away. The victim tried to get a phone to contact family, but Van Aelstyn allegedly took the phone and dunked it in the sink, according to court testimony.

According to Sparks, the victim said the two were fighting over the phone when Van Aelstyn pushed the victim, causing them to hit their back on a cabinet. The victim allegedly suffered a laceration.

The victim told police they tried to leave, according to Sparks. But Van Aelstyn allegedly pushed the victim onto a bed and began to strangle them, causing them to experience breathlessness, soreness, difficulty swallowing and hoarseness.

Before Van Aelstyn allegedly strangled the victim, he said, “I am done with you,” according to court testimony. Sparks said he could see visible red marks around the victim’s neck and the victim had other injuries on her back and forearm.

During interviews, Van Aelstyn allegedly told officers he tried to leave the argument several times by going to other parts of the residence and outside, but the victim continued to push and kick him. He said he locked himself in the bedroom, and the victim asked to be let in. Van Aelstyn said the victim kicked in the door, busting the door frame and latch on the bedroom door.

According to Sparks’ testimony, Van Aelstyn said the argument became heated, and when the victim came into the bedroom, he tossed the victim onto the bed to keep them from coming towards him.

At that point, Van Aelstyn told the officers he then “playfully” dragged the victim into the hallway. Van Aelstyn told officers he did dunk the phone into the water and later threw it into a field because “he paid for it, and could dunk it in the water if he chooses,” according to court testimony.

Van Aelstyn was criminally charged after the incident and turned himself in at the Woodford County Detention Center on Aug. 13, two days after a judge signed off on an arrest warrant, according to an arrest citation.