Officer Kimberly Whyley Accused of Assaulting 90-Year-Old Man

An Oakview police officer accused of assaulting a 90-year-old man during a recent traffic stop pleaded not guilty today in Clay County Circuit Court.

Meanwhile, a guardian filed a $5 million civil rights lawsuit in federal court on behalf of the driver, Phillip Joseph Forte, against the officer and Oakview.

Kimberly A. Whyley, 38, faces a third-degree assault charge, a misdemeanor. She is scheduled to appear in the Clay County court on June 4. No trial date has been set.

William Shull, an attorney for Whyley, said his client denies the allegations and looks forward to resolving the matter in court.

“We believe the incident has been badly taken out of proportion,” Shull said. “There has been a great deal of misinformation about this matter.”

Whyley has been suspended by the Oakview Police Department, the Oakview city attorney said.

According to authorities, the incident occurred Feb. 12 in a strip mall parking lot in the 6300 block of North Oak Trafficway.

The indictment alleges that Whyley struck Forte, causing physical injury. The indictment contains no other details about the incident, and investigative reports in the case are under seal.

Forte is now living in a nursing home for reasons unrelated to the incident.

According to the lawsuit, Whyley pulled Forte over after midnight. He told the officer he was lost, he did not have his driver’s license or insurance and he could not remember his Social Security number.

Instead of turning off his car and taking his keys, the lawsuit says, Whyley went to her patrol car parked four feet behind Forte’s car.

Forte apparently put his car into neutral and released the brake, causing it to roll backwards and “slightly bump” Whyley’s car, the lawsuit says.

Whyley “violently assaulted” Forte, dragging him from the vehicle, throwing him to the ground and breaking his arm, the lawsuit alleges, all while ignoring his pleas for mercy.

Forte was hospitalized for his injuries, said his wife, Theresa Forte.

She said her husband was driving to get a sandwich when his vehicle struck a curb and he was pulled over by Whyley.

“He was not speeding; he did not bother her. He just went to get a sandwich,” Theresa Forte said.
_____________________

http://www.kctv5.com/news/19394277/detail.html