Denver law enforcement officials beat a 60-year-old man who wasn’t suspected of a criminal offense after which inaccurately described their actions in studies, in keeping with a federal lawsuit filed Tuesday in opposition to the town.
Attorneys for Aaron Hernandez stated the officers used extreme drive in opposition to Hernandez and arrested him on assault fees though law enforcement officials had been the instigators within the 2019 incident. Prosecutors later dropped the costs in opposition to Hernandez, who has no felony historical past in Colorado.
“That was assault in opposition to me for me doing nothing,” Hernandez stated Wednesday. “I advised them I couldn’t do something in any respect after which hastily I’m on the bottom getting beat up, getting hit within the face. It was brutal.”
The Denver Police Division declined to touch upon the lawsuit Wednesday.
Sgt. Michael O’Neill first approached Hernandez and his son, Aaron Hernandez Jr., on June 30, 2019, as a result of he noticed them sitting of their automobile in a vacant church parking zone subsequent to a property that had simply been declared a nuisance, in keeping with O’Neill’s police report. It was supplied to The Denver Publish by Hernandez’s attorneys at Baumgartner Legislation.
O’Neill then ran the automobile’s plates and found the registered proprietor, the youthful Hernandez, had a warrant and known as for again up.
Physique digicam footage reveals Officer Jayme Larson arrive, and Hernandez and his son nonetheless sitting of their automobile. As she approaches, the elder Hernandez begins to get out of the passenger facet. Larson makes a disapproving noise and grabs his wrist earlier than yanking him away from the automobile, the video reveals.
Hernandez defined that he wanted to face up as a result of he was in ache from a medical situation. Larson and one other officer, Vance Johnson, held Larson in opposition to the car earlier than forcing him to the bottom, the footage reveals.
Larson wrote in her report that she punched Hernandez within the facet after her kicked her. Johnson wrote in his report that he elbowed Hernandez within the face after arriving, and seeing the 2 struggling and alleged Hernandez kicked him within the groin.
Larson wrote in her report: “Based mostly upon his noticed demeanor, my impression was that if he exited the car he would try to intrude with the arrest. In a non-confrontational tone I tried to de-escalate the scenario by putting my fingers out and advising him to stay seated
contained in the car. Hernandez Sr. refused to stay seated and and stood up, advancing in the direction of me. I noticed Hernandez Sr. raise his proper wrist and start to ball it right into a fist, so I instantly grabbed it to easily management it.”
Physique digicam footage reveals that Hernandez didn’t take a step towards Larson, nor did ball his fist. She additionally didn’t give him a command to remain seated and solely made noises at him.
Through the arrest, each males advised the officers that the elder Hernandez had simply undergone surgical procedure. The elder Hernandez advised officers a number of occasions that he was in ache. Hernandez stated the elbow to the face broke his an orbital bone in his eye socket that has completely broken his imaginative and prescient.
Officers didn’t determine themselves when Hernandez requested them what their names are, telling him it might be on their arrest paperwork, the physique digicam video reveals. Physique digicam footage reveals a number of Denver law enforcement officials standing round and laughing after they arrested each males and positioned them in squad vehicles.
O’Neill accomplished a use of drive report concerning the incident and really helpful no additional investigation, his report reveals. The sergeant additionally stated there was no method they might’ve dealt with the scenario higher and recommended officers for displaying “professionalism and restraint.”
Hernandez was jailed for 3 days after his arrest, courtroom data present. Denver prosecutors charged him with second- and third-degree assault however 9 months later dropped the costs, courtroom data present.
“Officer Larson and Officer Johnson triggered Mr. Hernandez’s prosecution and confinement
by deliberately making false statements of their police studies which straight led to the costs
in opposition to Mr. Hernandez” the lawsuit states. “The Defendant officers did this to be able to justify their gratuitous beating of Plaintiff, a disabled aged man, and provides them cowl for inflicting visually disturbing accidents.”
Not one of the officers had been disciplined for the incident, Hernandez’s legal professional Birk Baumgartner stated.
Hernandez stated he was embarrassed that his son needed to watch the violent arrest. The officers concerned shouldn’t be allowed to work in legislation enforcement, he stated.
“I advised them the reality and so they didn’t settle for it,” Hernandez stated. “I simply need individuals to know there are good cops and unhealthy cops, and those which can be unhealthy must be handled another way.”
“I do pray for them,” he added.