华盛顿州Auburn警员殴打男子视频疯传:当事人正式索赔,称被电击并遭20多次拳击

11月9日,33岁的 Mauro Alberto Felix Valles 通过律师 Evan Oshan 向华盛顿州金县 Auburn 市及该市警察局提交损害赔偿索赔通知,指警员 Andrew Bryant 在10月28日逮捕他时过度使用武力。索赔是正式起诉政府机构之前的一道法定程序。这段逮捕视频此前已在社交平台疯传:据《纽约邮报》与西雅图 Focal 新闻报道,画面显示 Bryant 先用电击枪将 Valles 击倒,随后在马路中央骑压在他身上、连续拳击其头部20多次。索赔文件称,Valles 只说西班牙语、听不懂英语,所受伤害包括脑震荡(轻度创伤性脑损伤)、面部多处挫伤,以及左上腹的电击枪探针伤口。
事发于10月28日下午约3时15分,地点在 Auburn Way North 与 37th Street Northeast 一带。据 Auburn 警方说法,Bryant 是接报后最先到场的警员,报警称一名男子在车流中跑动、并试图进入过往车辆。据警局公布的随身摄像机、行车记录仪与街面监控画面,Bryant 下车后喊话要求 Valles 趴到地上、否则将被电击;Valles 未立即服从,Bryant 随即使用电击枪。索赔文件称 Bryant 之后以拳头击打 Valles 头部和面部至少24次;视频中可以听到一名旁观者喊道:「他听不懂!」据《纽约邮报》报道,Bryant 事后在视频中对同僚说,他当时觉得 Valles 似乎抓了他的枪套,所以持续出拳直到对方停下。
Valles 被救护车送医后,警方以涉嫌妨害治安、拒捕、三级袭击未遂、妨碍公务与持有受控物质等罪名将他登记在案。据 Issaquah Reporter 与 Focal 新闻报道,Auburn 市检察官办公室已于11月5日撤销对他的全部待决指控,但撤销属不带偏见(without prejudice),检察官仍保留在调查推进后重新起诉的可能。Bryant 目前处于行政停职状态。
调查分两条线进行。Renton 警察局正对 Bryant 的行为做独立刑事调查,据 Focal 新闻报道,该局发言人 Meeghan Black 表示,调查预计下周送交金县检察官、且不附处理建议,是否对 Bryant 提出刑事指控由检方决定;Auburn 市的内部调查将在刑事调查结束后展开。11月4日,Oshan 的律所已向华盛顿州总检察长办公室、美国联邦检察官办公室与州警员认证委员会提交投诉,要求开除 Bryant 并吊销其警员执照。
各方说法方面,Oshan 11月12日在记者会上要求立即开除 Bryant,并对《纽约邮报》称,Valles 当时是在向警员求助、这本是一次心理健康求助处置,并称检测显示其体内当时没有毒品,他要求对 Bryant 展开刑事调查并将其开除。Auburn 市长 Nancy Backus 此前表示,她看过视频、理解公众为何严重关切,并称这段画面令人难以观看。据《纽约邮报》报道,市政府发言人对索赔一事不予置评,州总检察长办公室未立即回应置评请求;截至报道时,Bryant 一方的代理人尚不明确。索赔文件中的伤情与经过均为提出索赔一方的陈述,尚未经法院认定。
Viral Video of Auburn, Washington, Officer Punching Man More Than 20 Times: Man Files Claim Against City After His Charges Were Dropped
On November 9, Mauro Alberto Felix Valles, 33, filed a notice of claim through his attorney, Evan Oshan, against the City of Auburn, Washington, and its police department, alleging that Officer Andrew Bryant used excessive force during his arrest on October 28. A notice of claim is the legal step required before suing a government entity. Video of the arrest had already circulated widely on social media: according to the New York Post and Seattle's Focal News, the footage shows Bryant first bringing Valles down with a Taser, then straddling him in the middle of a road and punching him in the head more than 20 times. The claim says Valles speaks Spanish and does not speak or understand English, and lists his injuries as a concussion (a mild traumatic brain injury), multiple contusions to the face, and a Taser dart wound to the left upper abdomen.
The encounter happened at about 3:15 p.m. on October 28 near Auburn Way North and 37th Street Northeast in Auburn, in King County. According to Auburn police, Bryant was the first officer to respond to a report of a man running through traffic and attempting to get into passing vehicles. In body-camera, dash-camera and street footage released by the department, Bryant gets out of his cruiser and yells at Valles to get on the ground or be tased; when Valles does not immediately comply, Bryant deploys the Taser. The claim alleges Bryant then struck Valles in the head and face with his fists at least two dozen times, and a bystander can be heard shouting in the video, "He doesn't understand!" According to the Post, Bryant can later be heard telling fellow officers on the video that he thought he felt Valles grab at his holster, so he kept delivering strikes until Valles stopped.
After Valles was taken from the scene by ambulance and hospitalized, police booked him on investigation of disorderly conduct, resisting arrest, third-degree attempted assault, obstruction and possession of a controlled substance. According to the Issaquah Reporter and Focal News, the Auburn city prosecutor's office dismissed all of the pending charges on November 5, though the dismissal was without prejudice, leaving open the possibility of refiling as the investigation develops. Bryant remains on administrative leave.
The case is under investigation on two tracks. The Renton Police Department is conducting an independent criminal investigation of Bryant's conduct; according to Focal News, department spokesperson Meeghan Black said the investigation is expected to be sent to King County prosecutors next week without a recommendation, and prosecutors will decide whether to file criminal charges. Auburn's internal investigation will begin once the criminal investigation concludes. On November 4, Oshan's firm also filed complaints with the Washington Attorney General's office, the U.S. Attorney's Office and the state officer certification board, asking that Bryant be fired and his certification revoked.
At a press conference on November 12, Oshan demanded Bryant's immediate firing, and told the Post that Valles had been approaching the officer for help in what was a mental health call, said testing found no drugs in his system at the time, and demanded a criminal investigation and Bryant's firing. Auburn Mayor Nancy Backus previously said she had seen the video, understood why it raised serious concerns, and called the footage difficult to watch. According to the Post, a city spokesperson declined to comment on the claim, the state Attorney General's office did not immediately return a request for comment, and it was not known who is representing Bryant. The injuries and account in the claim are allegations by the claimant and have not been decided by a court.
来源:纽约邮报
发布:GSM·美国(发布链接)
图片来源:资料图:华盛顿州Auburn市政厅(Joe Mabel摄,CC BY-SA 3.0,经Wikimedia Commons)
GSM Global · 本篇英文版 English edition of this story

