Post by WaTcHeR on Feb 17, 2006 12:34:45 GMT -5
02/17/2006 - OMAHA, Neb. -- An Omaha man was arrested for assaulting an officer and resisting arrest, but he said all he wanted was for police to help him control his unruly son. Now, he's planning to file a formal complaint.
Tony Herron's eyes are still red and swollen, he said, since police sprayed him with Mace.
"They Mace me, kick me, stomp me, beat me," Herron told NewsWatch 7 I-Team investigator Carol Kloss.
Herron said it started Monday evening when his 14-year-old son was fighting him in their yard. Herron said he flagged down a police officer for help and his son started to run away.
"I ran with the officer to get my son. I helped the officer handcuff my son," Herron said. "We were taking my son to the police car. We thought the incident was well-handled, and here come five or six police, jump out of the car, all attacked me."
Herron and his wife, Darlene, believe the officers reacted before realizing that Tony was trying to help the officer.
"I don't think the police officers handled that situation right," said Darlene Herron.
Tony Herron said that before he knew it, police handcuffed and arrested him. His wife, their 17-year-old daughter and 11-year-old son were also cuffed and ticketed.
Police tell a different story of what happened at 28th and Binney streets on Monday evening. Their report says that when the officer tried to handcuff Herron's 14-year-old son, Herron "pushed the officer," and when officers tried to place Herron in custody, he resisted arrest. Police said that's when they used Mace on him.
Herron denies he pushed the officer.
"No, I helped the officer handcuff my son. I'm the one who helped the officer handcuff my son," Herron said. "He couldn't handle my son."
"If he believes that he was treated inappropriately by the officers, he can definitely file a formal complaint, and it will be thoroughly investigated," said Omaha police Sgt. Teresa Negron.
Police Chief Thomas Warren was not available to comment on the incident. Negron said that according to the police report, there was probable cause to arrest Herron. Police would not respond to questions about whether they believed their officer was in danger.
Meanwhile, Herrons' neighbor witnessed the incident, and has his own version of the events. Willie McCoy said he didn't see Tony Herron push an officer.
"No, I didn't see that," McCoy said.
McCoy said Herron was trying to help the officer when the second group of police officers showed up.
"Police just come up; he didn't ask what was going on or nothing," McCoy said. "You supposed to get out and ask what's going on. You're not supposed to jump out grabbing nobody."
Herron acknowledged that he is not a perfect citizen. His criminal record includes a felony conviction in 1997 for cocaine possession with intent to deliver, but he said that in this case, he was trying to be a good father and help the officer, not hinder him.
"It was a whole big misunderstanding, but they didn't try to get to the point. They just jumped out of the car and immediately attacked me," Herron said.
Defense lawyer James Martin Davis said he is representing Herron in his criminal case. Herron's next court appearance is scheduled in March. The original felony assault charge against Herron was reduced to a misdemeanor by the county attorney.
Tony Herron's eyes are still red and swollen, he said, since police sprayed him with Mace.
"They Mace me, kick me, stomp me, beat me," Herron told NewsWatch 7 I-Team investigator Carol Kloss.
Herron said it started Monday evening when his 14-year-old son was fighting him in their yard. Herron said he flagged down a police officer for help and his son started to run away.
"I ran with the officer to get my son. I helped the officer handcuff my son," Herron said. "We were taking my son to the police car. We thought the incident was well-handled, and here come five or six police, jump out of the car, all attacked me."
Herron and his wife, Darlene, believe the officers reacted before realizing that Tony was trying to help the officer.
"I don't think the police officers handled that situation right," said Darlene Herron.
Tony Herron said that before he knew it, police handcuffed and arrested him. His wife, their 17-year-old daughter and 11-year-old son were also cuffed and ticketed.
Police tell a different story of what happened at 28th and Binney streets on Monday evening. Their report says that when the officer tried to handcuff Herron's 14-year-old son, Herron "pushed the officer," and when officers tried to place Herron in custody, he resisted arrest. Police said that's when they used Mace on him.
Herron denies he pushed the officer.
"No, I helped the officer handcuff my son. I'm the one who helped the officer handcuff my son," Herron said. "He couldn't handle my son."
"If he believes that he was treated inappropriately by the officers, he can definitely file a formal complaint, and it will be thoroughly investigated," said Omaha police Sgt. Teresa Negron.
Police Chief Thomas Warren was not available to comment on the incident. Negron said that according to the police report, there was probable cause to arrest Herron. Police would not respond to questions about whether they believed their officer was in danger.
Meanwhile, Herrons' neighbor witnessed the incident, and has his own version of the events. Willie McCoy said he didn't see Tony Herron push an officer.
"No, I didn't see that," McCoy said.
McCoy said Herron was trying to help the officer when the second group of police officers showed up.
"Police just come up; he didn't ask what was going on or nothing," McCoy said. "You supposed to get out and ask what's going on. You're not supposed to jump out grabbing nobody."
Herron acknowledged that he is not a perfect citizen. His criminal record includes a felony conviction in 1997 for cocaine possession with intent to deliver, but he said that in this case, he was trying to be a good father and help the officer, not hinder him.
"It was a whole big misunderstanding, but they didn't try to get to the point. They just jumped out of the car and immediately attacked me," Herron said.
Defense lawyer James Martin Davis said he is representing Herron in his criminal case. Herron's next court appearance is scheduled in March. The original felony assault charge against Herron was reduced to a misdemeanor by the county attorney.