Wednesday, April 01, 2009

Dallas Police Investigating Officers for Excessive Force

Dallas police are investigating whether officers used improper force when subduing three suspects and using a Taser on one as he was placed in a police car.

Much of the March 20 incident that followed the arrest of three men on a downtown freeway interchange was captured on dashboard camera video and audio.

"Take it, take it," yells a Dallas police sergeant as another officer jolts a handcuffed suspect with a stun gun, according to senior police officials who reviewed the dash-cam recordings.

The arrested man begs for police to stop even as another officer is heard taunting the suspect by asking him if he's had enough, the officials said.

All three suspects face assault and other charges after police said they attacked a man outside a downtown nightclub. Police declined to release the video pending a review by the district attorney's office which will determine whether criminal charges may be appropriate against the officers.

Dallas police are still reeling from a flood of anger that erupted over a dash-cam video released last week that showed an officer's insensitivity to a national audience when he berated NFL running back Ryan Moats and delayed him for 13 minutes as he tried to get to his mother-in-law's death bed.

After police reviewed the recordings of the March 20 incident, two patrol sergeants, Elisa Martinez and Elliott Forge, were transferred off the streets pending the outcome of an investigation. Senior Cpl. Armando Dominguez, who fired the Taser, remains on patrol.

"This came to our attention by way of one of our officers, and an internal investigation has been initiated, as well as looking into any possible criminal violations," said Lt. Andy Harvey, Dallas police spokesman.

Phil Burleson, who is representing Forge and Dominguez, said his clients deny that they did anything improper. "They don't recall doing anything inappropriate," he said.

Dominguez said he has done nothing wrong. "I have nothing to hide and it will all come out," Dominguez said.

Senior police officials, who asked that their names not be used because of the possible criminal inquiry, said the video captured by in-car cameras on several patrol cars shows what happened shortly after a fight outside a downtown nightclub.

About 2:30 a.m., a man was attacked by three men in the middle of the Pearl Expressway near Commerce Street after he intervened to stop them from harassing women as they left the club, according to police records.

After bystanders intervened and the attackers fled, the beaten man flagged down a police officer and said he saw them leaving in a silver Honda, according to the police report.

As officers approached the Honda, the driver backed up and struck Forge in the legs, nearly knocking him to the ground, according to the arrest report. Forge, who wasn't seriously injured, ran after the car as it sped away at high speeds on the wrong side of the road.

A pursuing squad car stopped the Honda a short distance away on Interstate 45 in South Dallas.

Police officials say dash-cam video captured events a few minutes later as the men were being taken into custody. One officer, whose identity is unclear, dragged one of the men, already handcuffed, across the pavement.

Then Forge and Martinez arrived at the scene.

Forge stormed up, screaming at the suspects, by then all handcuffed, according to what police officials said they saw in the video. Forge yelled profanities at one of the suspects before grabbing him.

One police official said video footage then shows Forge pressing a flashlight to his throat. Forge is also seen putting a knee in a suspect's back, another police official who reviewed the tape said.

Those who viewed the tape said the suspects did not appear to be resisting arrest.

Forge declined to comment, except to say, "The knee thing is brand-new to me. I find that amusing, but I can't say anything."

Burleson, who said he has not yet reviewed the video footage, said Forge wasn't using the flashlight.

"It was just in his hand as he had a hold of the suspect's shirt," he said. "He says he never uses the flashlight as a blunt object to enforce anything."

The Taser incident took place off-camera, but was captured on audio.

"Take it like a man," Martinez yells as Eric De La Garza is stunned by a Taser as he was being placed in a squad car, according to a report filed because the stun gun was used. The report was written by another officer, rookie Officer Mark Dewald, who had arrived after the suspects were handcuffed.

"Everything that was done to me was done while I was in handcuffs," De La Garza told The Dallas Morning News. He declined further comment under advice from his lawyer.

In Dewald's report, he says that his Taser device had fallen off his belt as he and Dominguez tried to put De La Garza in the squad car. He said Dominguez picked up the Taser and used it on De La Garza as Martinez yelled at the suspect.

An officer is also heard on the audio of a dash-cam recording asking the screaming De La Garza if he's had enough, police officials said.

Yet another officer who arrived at the scene wrote the arrest report for De La Garza. In it, Officer Tomas Urena says De La Garza had kicked Dominguez in the leg and began to "kick and thrust violently."

The report describes De La Garza as being "extremely uncooperative" and says that "he would contaminate officers' food when any police ate" at the restaurant where he works.

"This guy was struggling with the cops," Dominguez told The Dallas Morning News. "Hopefully, you guys can see the whole video and what he's saying and commenting to us."

Dewald's report gives no indication that De La Garza struggled with police before being stunned.

Police officials said on the video they could hear the sound of the stun gun being used, and officers yelling and De La Garza screaming. The police investigation will seek to determine whether the Taser was improperly used.

De La Garza, 21, was arrested on suspicion of third-degree felony assault on a public servant, evading arrest and resisting arrest. Alejandro Rivera, 20, was arrested on a public intoxication and assault charges. Morgan Brito, 21, was arrested on an assault charge and for outstanding warrants.

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