Post by WaTcHeR on Apr 18, 2006 9:15:06 GMT -5
04/18/2006 -
A man described how he was sprayed with pepper spray and beaten by an Irving police officer during a traffic stop on the opening day of the officer's trial on an assault charge.
In testimony Monday, Jose Palomino, a 43-year-old illegal immigrant from Mexico, said Officer Dan Miller charged at him with his gun drawn after he got out of his car on a weekday morning in January 2005 near Britain Road and Cason Street in Irving.
Mr. Palomino, who said he had been driving home from church, testified that he could not understand the officer's commands, but had his arms raised and did not resist before the officer sprayed him with pepper spray and beat him.
"When I attempted to communicate with him, he came out of the police car with high speed and pointed the weapon at my hand," Mr. Palomino said through a court translator. "I didn't know what was happening."
The incident was recorded on Mr. Miller's in-car video camera and is expected to be shown to jurors during the trial later this week.
Defense attorney Bob Baskett told jurors in his opening statements that Mr. Miller responded to the situation with appropriate force as he was trained. He said his client would testify and give a different account of the scuffle.
"What Dan Miller did in this circumstances is entirely consistent with the way he was trained and entirely consistent with the way any other officer would have acted," he said.
Mr. Miller, a past president of the Irving chapter of the Fraternal Order of Police and 28-year department veteran, faces up to a year in jail and a $4,000 fine if convicted of the misdemeanor assault charge. Mr. Miller was fired after the incident but has appealed his termination.
A man described how he was sprayed with pepper spray and beaten by an Irving police officer during a traffic stop on the opening day of the officer's trial on an assault charge.
In testimony Monday, Jose Palomino, a 43-year-old illegal immigrant from Mexico, said Officer Dan Miller charged at him with his gun drawn after he got out of his car on a weekday morning in January 2005 near Britain Road and Cason Street in Irving.
Mr. Palomino, who said he had been driving home from church, testified that he could not understand the officer's commands, but had his arms raised and did not resist before the officer sprayed him with pepper spray and beat him.
"When I attempted to communicate with him, he came out of the police car with high speed and pointed the weapon at my hand," Mr. Palomino said through a court translator. "I didn't know what was happening."
The incident was recorded on Mr. Miller's in-car video camera and is expected to be shown to jurors during the trial later this week.
Defense attorney Bob Baskett told jurors in his opening statements that Mr. Miller responded to the situation with appropriate force as he was trained. He said his client would testify and give a different account of the scuffle.
"What Dan Miller did in this circumstances is entirely consistent with the way he was trained and entirely consistent with the way any other officer would have acted," he said.
Mr. Miller, a past president of the Irving chapter of the Fraternal Order of Police and 28-year department veteran, faces up to a year in jail and a $4,000 fine if convicted of the misdemeanor assault charge. Mr. Miller was fired after the incident but has appealed his termination.