danbus
Regular Member
imported post
Hey ya'll. I'm so so so sorry I haven't responded to any PMs or posts. I've been going through a great deal and again, I need your help and support.
It sucks, the judge planned on putting me in jail for 12 months (the full sentence for class 1 misdemeanor). However I don't get sentenced until Jan 22 2010.
Here is my part of the story:
While working a grocery store as a armed officer, a car parked in front of the store in the fire lane. I went outside to inform the driver that he must move his car. The driver ignores me and continues to walk into the store. I again inform him he must move his car as it is in the fire lane. He then states "call the cops or write me a ticket". I stated back that he either move his car, or leave the store. He stated "get my car towed".
He then continues to walk about the store. I waited until he came back up front to confront him. I told him that he is trespassing and that he will have to leave. He ignores me. I take out my OC, holding it down at my waist, and advised him that if he doesn't leave, he will be spayed and arrested for trespassing. He then starts to leave the store. While he is leaving, I advise him that he cannot come back to the store, should if he returns, I will arrest him for trespass. He responds "**** you, I can come back if I want to", while he is leaving. 20 mins later after he leaves he drives in front of the store, points his finger at me like a gun, then speeds off.
2 weeks later, I notice a black male walk back into the store. He looked familiar and walked to see if I recognized him. He looks at me and says "what the hell are you looking at?". I said "you are not supposed to be in here". He then states "you're the guy who was going to spray me" and walks off. I notified a store worker that the individual whom I barred from the store is back in the store and that I would need him to observe who the individual was. I walked up to him with OC in hand and ordered him to put his hands behind his back. He responded "for what?". I then deployed my spray, however the contents were low and it landed on his shirt. I then tried to grab him with my hands, to which he swung his fists, preventing me to arrest him. I then took out my baton, expanded it and screamed at him to get down on his stomach and put his hands behind his back. He shouts back "for what?". I repeat the command. He repeats his. I then stuck him once behind his left calf. He falls down and asks "why'd you hit me?". I scream at him again to get on his stomach and put his hands behind his back. The store worker then told him to just comply. After he did so, I place the cuffs on him and took him to the back of the store.
There is a lunch table where I can place arrested or detained individuals, however if they are cuffed, they need assistance sitting down. While trying to help him sit down, he says "get off me" and tried to shoulder me. I tried to regain control and forced him to lay down face first on the floor. He continued to try and get up, at which point, I put my knee in the middle of his back while placing my weight on the bench table.
After the police showed up, we stood him up, and I told them why he is being arrested. He gave his side, and the officers informed him that since I told him not to come back to the store, he is not allowed back. They asked if he needed medical attention, to which he replied "no, I'm good". I wrote him a summons for trespass and released him.
About 3 hours later, the same two officers came back to the store for a warrant for my arrest for assault and battery. They stated they didn't know why the magistrate even signed it. Instead of taking me to jail, they set a trial date and departed.
Few months later I had trial. There was video footage of the arrest, however the video was not accurate. It was skip for 4 seconds, then skip back to realtime. This caused the video to appear that I walked up, sprayed him, hit him repeatedly, then handcuffed him. The suspect indicated that I kicked him in the ribs while he was on the floor caused a "separated rib". Also when I placed handcuffs on him, when I stood him up, that he heard his shoulder pop, and later discovered that it was dislocated. However he did NOT have any medical documentation to support it. I gave my testimony and in light of all the evidence, I was found guilty of A&B while his charge was dismissed. I did NOT have a lawyer. I appealed and got another trial.
Nov 20, trial again. I had a lawyer, gave the same testimony, same evidence (still no medical documents), and again I was found guilty. The judge said these words, "I don't know if the arrest was even lawful or not. Even if it was, the fact that you sprayed him without any justification or provocation on his part, that in itself is excessive force."
The after the judge set the sentencing date, a police officer asked if he could talk to me outside the court room. He told me didn't care what the judge said, what I did was right and to stay strong.
I have two months to try and find any case law pertaining to use of pepper spray and excessive force. I have found some case law, however it doesn't fit my situation and it didn't discuss the use of OC as excessive.
Any thoughts or words of wisdom will be most appreciated.
Dan
Hey ya'll. I'm so so so sorry I haven't responded to any PMs or posts. I've been going through a great deal and again, I need your help and support.
It sucks, the judge planned on putting me in jail for 12 months (the full sentence for class 1 misdemeanor). However I don't get sentenced until Jan 22 2010.
Here is my part of the story:
While working a grocery store as a armed officer, a car parked in front of the store in the fire lane. I went outside to inform the driver that he must move his car. The driver ignores me and continues to walk into the store. I again inform him he must move his car as it is in the fire lane. He then states "call the cops or write me a ticket". I stated back that he either move his car, or leave the store. He stated "get my car towed".
He then continues to walk about the store. I waited until he came back up front to confront him. I told him that he is trespassing and that he will have to leave. He ignores me. I take out my OC, holding it down at my waist, and advised him that if he doesn't leave, he will be spayed and arrested for trespassing. He then starts to leave the store. While he is leaving, I advise him that he cannot come back to the store, should if he returns, I will arrest him for trespass. He responds "**** you, I can come back if I want to", while he is leaving. 20 mins later after he leaves he drives in front of the store, points his finger at me like a gun, then speeds off.
2 weeks later, I notice a black male walk back into the store. He looked familiar and walked to see if I recognized him. He looks at me and says "what the hell are you looking at?". I said "you are not supposed to be in here". He then states "you're the guy who was going to spray me" and walks off. I notified a store worker that the individual whom I barred from the store is back in the store and that I would need him to observe who the individual was. I walked up to him with OC in hand and ordered him to put his hands behind his back. He responded "for what?". I then deployed my spray, however the contents were low and it landed on his shirt. I then tried to grab him with my hands, to which he swung his fists, preventing me to arrest him. I then took out my baton, expanded it and screamed at him to get down on his stomach and put his hands behind his back. He shouts back "for what?". I repeat the command. He repeats his. I then stuck him once behind his left calf. He falls down and asks "why'd you hit me?". I scream at him again to get on his stomach and put his hands behind his back. The store worker then told him to just comply. After he did so, I place the cuffs on him and took him to the back of the store.
There is a lunch table where I can place arrested or detained individuals, however if they are cuffed, they need assistance sitting down. While trying to help him sit down, he says "get off me" and tried to shoulder me. I tried to regain control and forced him to lay down face first on the floor. He continued to try and get up, at which point, I put my knee in the middle of his back while placing my weight on the bench table.
After the police showed up, we stood him up, and I told them why he is being arrested. He gave his side, and the officers informed him that since I told him not to come back to the store, he is not allowed back. They asked if he needed medical attention, to which he replied "no, I'm good". I wrote him a summons for trespass and released him.
About 3 hours later, the same two officers came back to the store for a warrant for my arrest for assault and battery. They stated they didn't know why the magistrate even signed it. Instead of taking me to jail, they set a trial date and departed.
Few months later I had trial. There was video footage of the arrest, however the video was not accurate. It was skip for 4 seconds, then skip back to realtime. This caused the video to appear that I walked up, sprayed him, hit him repeatedly, then handcuffed him. The suspect indicated that I kicked him in the ribs while he was on the floor caused a "separated rib". Also when I placed handcuffs on him, when I stood him up, that he heard his shoulder pop, and later discovered that it was dislocated. However he did NOT have any medical documentation to support it. I gave my testimony and in light of all the evidence, I was found guilty of A&B while his charge was dismissed. I did NOT have a lawyer. I appealed and got another trial.
Nov 20, trial again. I had a lawyer, gave the same testimony, same evidence (still no medical documents), and again I was found guilty. The judge said these words, "I don't know if the arrest was even lawful or not. Even if it was, the fact that you sprayed him without any justification or provocation on his part, that in itself is excessive force."
The after the judge set the sentencing date, a police officer asked if he could talk to me outside the court room. He told me didn't care what the judge said, what I did was right and to stay strong.
I have two months to try and find any case law pertaining to use of pepper spray and excessive force. I have found some case law, however it doesn't fit my situation and it didn't discuss the use of OC as excessive.
Any thoughts or words of wisdom will be most appreciated.
Dan