There’s a jury trial in Euclid, Ohio this week where Euclid police officer, Michael Amiott is being prosecuted for a use of force incident following the 2017 traffic stop of Richard Hubbard. Amiott is charged with two counts of assault and one count of interfering with civil rights. Cell phone video showed the officer repeatedly punching Richard Hubbard after he was pulled over for an unspecified moving violation.
Hubbard was accused of resisting arrest after allegedly refusing Amiott’s orders, and the ensuing struggle resulted in Hubbard being hit multiple times while on the ground. The criminal charges against Hubbard were later dropped, and while he suffered no permanent injuries, the city later agreed to a $450,000 settlement with both him and the owner of the car he was driving.
Following a 45-day suspension, Euclid Mayor Kirsten Holzheimer Gail fired Amiott from the police force, but an independent arbitrator reinstated him a year later. Nevertheless, Amiott was arrested and charged in Euclid Municipal Court in August of 2019 following further investigation, and his trial was subsequently delayed two years by COVID-19.
The entire trial has been live streamed on Youtube by WKYC and some of the testimony has been interesting. This is what we’re dealing with by the way, in the mission to obtain some accountability where citizens are violently victimized by the government.
Also, this isn’t his only excessive force incident:
About 7 months ago, I posted a video about a West Virginia police officer, Everette Maynard, formerly of the Logan, WV Police Department who was found guilty by a federal jury of violating an arrestee’s civil rights by using excessive force. This was caught on video. This is the one where the officer was caught by a surveillance camera flipping the bird to the camera.
Today I talked to one of the investigators involved with that prosecution and thought I would give you an update video about what ended up happening to Officer Maynard. The DOJ recently issued another press release on the case, announcing that former-Officer Everette Maynard has been sentenced to 9 years of prison to be followed by 3 years of supervised release due to his conviction of violating an arrestee’s civil rights by using excessive force against him.
In the video I posted late last year, I showed you the actual photos presented to the jury during the trial, and I went over the actual jury instructions used in that case. Here’s the video:
This is a rare case of a police officer being held accountable in the most important way. He received almost a decade in prison for his actions. The U.S. Department of Justice had this to say about the sentencing of Maynard:
“This defendant’s abuse of law enforcement authority inside a police station was egregious and caused serious injuries,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Police misconduct undermines community trust in law enforcement, and impedes effective policing. This sentence confirms that law enforcement officers who use excessive force against arrestees will be held accountable.”
Title 18, United States Code, Section 242 makes it a crime to deprive any person of his civil rights under color of law. For a jury to find the defendant guilty, the federal prosecutors must prove each of the following elements beyond a reasonable doubt at trial:
1. The defendant acted under color of law;
2. The defendant deprived the victim of a right secured or protected by the Constitution or laws of the United States – here, the right of an arrestee to be free from unreasonable seizures, which includes the right to be free from the use of unreasonable force by a law enforcement officer;
3. The defendant acted willfully; and
4. The defendant’s acts resulted in bodily injury to the arrestee.
(NOTE: elements 1 and 2 are by themselves a misdemeanor; when elements 3 and 4 are present, it rises to the level of a felony.)
On Nov. 17, 2021, a federal jury convicted Maynard of using excessive force against an arrestee while Maynard was a police officer with the Logan Police Department in West Virginia. At trial, the jury heard evidence that Maynard assaulted the victim in the bathroom of the Logan Police Department before dragging him into an adjoining room, hauling him across the room, and ramming his head against a doorframe.
The assault initially rendered the victim unconscious and left him with a broken shoulder, a broken nose, and a cut to his head that required staples to close. While the defendant assaulted the victim, the defendant berated the victim for “making demands” of him by, among other things, asking to go to the bathroom. After the assault left the victim unconscious in a pool of his own blood, the defendant bragged about his use of force.
It’s important to note that, in this actual case, the jury was instructed that a police officer “may not use force merely because an arrestee questions an officer’s authority, insults the officer, uses profanity, or otherwise engages in verbal provocation – unless the force was otherwise objectively reasonable at the time it was used. Additionally, the jurors were instructed that an officer may not use force solely to punish, retaliate against, or seek retribution against another person.
These sorts of unnecessary uses of violent force against arrestees, if true, can never be reasonable.
How did the jurors know that it happened this way? Because it was captured on video, which is by-far the most important tool available to us for constitutional accountability. The police certainly like to use video evidence against the public in their prosecutions. But they don’t like it when it happens to them. In this case however, I’m told that it was actually a law enforcement officer who originally blew the whistle on this guy to federal investigators. Good for that individual. There needs to be more of this. And I have reason to believe that there will be more of this in West Virginia.
You may have seen the video posted last week about Mount Hope, WV, police department officer Aaron Shrewsbury. Since the video was posted, I’ve received a lot of information from the public, including from other police officers. That’s always an indication, in my experience and opinion, that there’s a real problem there. I was told today by credible sources that Officer Shrewsbury has now been suspended with pay. I have not received verification of this as of yet, however. As you will see below, his supervisor / Chief of Police, had already signed off on the use of force I’m about to discuss, so hopefully he’s not in charge of the internal investigation…. In the video about what happened to Mr. Beckett, I mentioned that kid from Ohio who had his own encounter with Officer Shrewsbury last year. Let me tell you more.
On August 15, 2021, several police agencies responded to a 911 call from Ace Adventures Complex, a vacation and white water rafting facility located in Minden, Fayette County, West Virginia. There was a verbal altercation that took place at the complex. 20 year old Nathan Nelson, from Ohio, had been visiting his sister, who worked at Ace Adventures Complex. At some point they became involved in some sort of altercation or argument involving multiple other individuals.
Several police agencies arrived, including Officer Shrewsbury from the Mount Hope Police Department. Marijuana was found in the car belonging to Nathan and his sister. Officer Shrewsbury arrested Nathan and placed him in handcuffs.
According to Shrewsbury’s subsequent police report, he handcuffed Nathan and escorted him to a police cruiser. While standing beside the cruiser, nathan allegedly became angry and asked, “why he was fu&cking being arrested.” Shrewsbury then asked him to stop swearing, and then advised him he was being arrested for disorderly conduct and possession of a controlled substance. Nathan responded, “this was fucking bullshit,” to which Shrewsbury responded, “yeah it is,” and that, “I wasn’t knowledgeable about how things were done in Ohio where he was from, but in West Virginia, possessing marijuana and other illegal and dangerous drugs, using profanity in public and fighting in the streets definitely are all illegal here.”
Shrewsbury then wrote in his report that, “I turned away from the male subject briefly to get an Oak Hill officers’ attention to unlock the police vehicle, so I could place the male subject safely inside of it,” but that “As I turned back to the male subject, he turned his head toward me and pursed his lips while making a noise as if he were clearing his throat of flem and filling his mouth with it and sputum. He then moved his head towards me in a motion that made me believe that he was going to spit on me. Observing this, I then rapidly used a straight arm with an open palm to divert the male subject’s head away from me, making physical contact with the left side of his head and facial area. The maneuver was abrupt, but did not cause him to fall to the ground.
By all means, review the pertinent portions of Officer Shrewsbury’s report for yourself:
After the strike to Nathan’s face, Shrewsbury then placed Nathan, still handcuffed, in the rear of the Oak Hill police cruiser, essentially abandoning him there for the Oak Hill officers to find.
Ultimately, Nathan was only charged with misdemeanor possession of marijuana. Nathan maintains that he wasn’t resisting Shrewsbury in any way. And contrary to what Officer Shrewsbury wrote in his police report, Nathan maintains that it went down a little differently. Nathan says that he was told by Shrewsbury, “if you don’t shut up, I’m gonna take these handcuffs off and do one of those old West Virginia ass whoopins.” After apparently not liking Nathan’s response, Nathan states that Officer Shrewsbury, who started to walk away, quickly turned around and punched him in the face with a close fist right hook, with Nathan still handcuffed and not physically resisting in any way.
I discussed in the previous video about Officer Shrewsbury that he had been decertified as a police officer while working at the Fayette County Sheriff’s Office in 2015, for lying and dishonesty as a police officer. The next year, Shrewsbury ran for the position of Magistrate Judge in Fayette County, touting his law enforcement experience – not mentioning his decertification – and also bragging that he was a professional boxer.
A review of old social media also reveals at least one past boxing photo of Officer Shrewsbury.
The physical trauma inflicted to Nathan corroborates that, and corroborates Nathan’s recollection of being punched with a closed-fist right hook, rather than the word salad written by Officer Shrewsbury.
Nathan was discovered by other police officers, sitting in the back of a police cruiser, covered with blood, with his tooth laying in his lap, his shirt covered with blood, suffering in severe pain. These other officers took Nathan into their custody and transported him to a nearby hospital, where he underwent emergency treatment. Nathan’s jaw was broken in two different places. He was going to require immediate surgery. He ended up being transported all the way back to Ohio to a specialist surgeon at Ohio State University, for the necessary surgery on his jaw.
Excerpts of Nathan’s medical records from Plateau Medical Center Emergency Room:
So you have a 20 year old kid, handcuffed, charged only with misdemeanor possession of marijuana, punched in the face by a police officer claiming to have experience as a professional boxer, knocking out at least one tooth, and fracturing his jaw in two places, requiring transport by ambulance, all the way to Ohio for surgery, where he spent four days hospitalized.
One of the police officers from the nearby Oak Hill Police Department who discovered Nathan injured and bleeding in the back of the police cruiser, and who transported him to the emergency room of the nearby hospital, noted in her report that she didn’t even know who had arrested and handcuffed Nathan, even identifying the design of the handcuffs she removed from him at the hospital.
Another Oak Hill officer noted in his report that he was “made aware that an officer had punched the male” [arrestee] and placed him in into the other Oak Hill officer’s car, basically abandoning him there with no information or documentation.
Laughably, in his subsequent written police report, Officer Shrewsbury filled out a use of force report that contained almost no information about the force that he used, or the reason for using it. Mind you, I don’t believe his report even alleged that Nathan spit at him, just that he allegedly heard sounds that he alleges were leading up to a spit. Importantly, Nathan wasn’t charged with spitting, or attempting to spit on any police officer.
Police use of force incidents are judged by the federal courts using the Graham Factors, which are going to easily show that this was an unreasonable and excessive use of force. Here you have an individual charged with an extremely minor crime, who is handcuffed, who is not physically resisting, but rather only running his mouth, expressing criticism, who is punched in the face with tremendous force, by a large police officer who claims to be a boxer.
While that police officer claims he heard pre-spit sounds, that same police officer has already been decertified for lying as a police officer. Thus, it’s probably for the best if Officer Shrewsbury is suspended. All of this begs the question about why the town of Mount Hope, West Virginia hired him in the first place, and why they appear to have let him escape real supervision.
Make sure you subscribe and follow-along to hear what’s happening next, because we’re learning more by the day, and lawsuits are looming.
Greensboro (NC) Police Officer Matthew Hamilton was indicted for manslaughter last week for the shooting of Joseph Lopez back in November of 2021. He was also fired and sued. The bodycam footage was just released. Let’s take a look and discuss the relevant law.
For some reason this is age restriction, even though you basically see nothing….
Here’s the federal Section 1983 civil rights lawsuit, currently pending:
The small town police department in Westover, West Virginia was recently exposed for their corruption and misconduct. Take a look at this dash cam video featuring two police officers who won the town a 1.1 million dollar settlement in two lawsuits, including the brutal use of force captured in this disgraceful body cam footage.
Here’s the text of the lawsuit itself, with all of the allegations:
The over 90-minute meeting that involved former Westover Police Chief Rick Panico, Lt. John Morgan, Westover city attorney Tim Stranko and Westover City Councilman Steve Andryzcik took place in September 2020. The meeting came on the heels of Panico’s resignation and the release of a letter signed by 11 Westover Police officers calling for the removal of Officer Aaron Dalton for a number of abuses of power….
The conversation during the meeting was mostly focused on the conduct of Mayor Johnson and his relationship with Officer Aaron Dalton. Pancio and Morgan described concerns that Mayor Johnson subverted the chain of command within the police department and created an environment that made it impossible to hold Dalton accountable for his actions.
Dalton is facing multiple lawsuits over civil rights violations and more accusations came to light in the meeting, including claims that Dalton had sexual intercourse with a woman while on duty and later was harassing her. Pancio claimed in the meeting that Mayor Johnson told him to “make it go away.”
Brooke County, West Virginia Sheriff’s Department deputies were called out to a neighbor’s complaint about dogs getting out of their yard. When they approached and talked to the dog’s owner, on private property, they were asked to leave. Some swear words were utilized by the dog’s owner. The cops then protect and serve the man, as shown and described in the video.
The body cam footage features Brooke County Deputy Niles Cline (not Crane, lol). The other deputy, Shane Logston’s body cam footage didn’t survive, because the “battery was dead.” The criminal charges were dismissed with prejudice through the assistance of Attorney Alex Risovich, who in turn brought the case to me. We will now seek justice through a civil lawsuit in federal court, for the violation of this man’s federally protected civil rights pursuant to 42 U.S.C. Section 1983.
Join me and special guest LACKLUSTER, tonight to watch, discuss and analyze some recent police videos making the rounds, including the OIS in Tucson of the guy in the power chair. And more….. LIVE at 7pm ET – Freedom is Scary, Ep. 84.
You may have seen the dashcam footage of the Arkansas State Police trooper flipping the pregnant woman’s car over a traffic stop. The main video which was making the viral rounds was on the Lackluster channel. Well, a TV news station issued a takedown notice to Youtube, alleging ownership of the footage. The problem is, however, that Lackluster obtained it directly from the Arkansas State Police. As a result, his video was pulled and kept down for about 4 days. This killed the virility of the video, deprived the channel of valuable revenue, and was totally unfounded. Here’s the info….
Remember my video with Kentucky Lawyer Chris Wiest about his excessive force lawsuit involving the Kentucky State Police back in March? One of the police officers involved was fired and charged with perjury after he was caught lying in the deposition in Chris’ civil lawsuit.
A former Kentucky State trooper has been criminally charged with perjury after denying under oath that he beat a man with a flashlight in April 2020.
Thomas Czartorski was named in a lawsuit alleging troopers used excessive force against Alex Hornback of Shepherdsville while executing a bench warrant. The lawsuit also alleged that Hornback’s parents recorded the officers beating him, and that a trooper deleted the footage. But a home security video captured the incident. A lieutenant with the Kentucky State Police accused Czartorski in a complaint filed Thursday of lying during a January deposition when he said he didn’t use any force during the arrest. Czartorski turned himself in Friday afternoon at the courthouse on a felony charge of first-degree perjury, according to his attorney, Josh Schneider. The charge carries a penalty of one to five years in prison.