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Attorney says dash cam footage doesn't match police report - KOAM TV 7

Miami Police officers under investigation; Attorney says dash cam footage doesn't match police report

Updated November 6, 2013 at 5:30 PM: 

 A Fourth Miami Police officer has been suspended. As the investigation continues into allegations of excessive force and perjury within the Department. The Department has been getting a lot of attention since a dash cam video from a High Patrol Car surfaced yesterday. The allegation, that police officers used unnecessary force, and then filed an inaccurate report against a man stopped for a DUI.

 

"what'd they get mean with him for?," said Miami resident Gary Pigg of the DashCam Video.

Miami Residents say it's hard to go anywhere in town and not hear talk of the video, that has since resulted in four police officers getting suspensions. The video appears to show officers apprehending Jerry Payne of Miami for driving under the influence in the Stables Casino parking lot back in May. Payne's attorney alleges it not only shows officers taking Payne to the ground, but also getting kicked in the face.

"Coming out of the casino, where they serve alcohol  if he was un orderly they probably had to take him down," said Pigg. 

"I thought that it was probably really uncalled for, how they reacted to that, and I don't know, the kick in the face was pretty intense," said Jennifer Tippie, Miami Resident.
 
"Really shocked I mean they're supposed to be here to protect us and everything and now they're going on behind the back and doing stuff like that it's just not right," said Josh Phillips, Miami Resident.
 
Tom Robertson was with Miami PD for 28 years, now the Chief of NEO's police force, he says his rule of thumb when it comes to force is to treat other like he'd like to be treated, and that officers are only allowed to use as much force as they say is necessary. 

"what ever you have to do to make the arrest is what we're allowed to do, but only that," Robertson said.
 
The City Manager of Miami, Jeff Bishop, told KOAM and FOX 14 in a phone interview that he does not speak on personnel issues, but did confirm that four city employees are placed on administrative leave pending an internal investigation. Bishop said three people were put on leave back in October and one was put on leave as recently as Tuesday.
 
Robertson says he hadn't seen the video before we showed it to him, but says there are two sides to every story and that this doesn't appear to be the whole video. 

"Definitely would need to see the whole video," said Robertson.
 
DUI charges against Payne have since been dropped.

The attorney for Jerry Payne alleges the officers committed perjury by giving an account of the events that don't match what the video shows. A Stables Casino spokesperson tells us security video from the casino's parking lot that night has been subpoenaed.
     No word on how long the investigation will take.
     The City has asked OBI to get involved.
     The matter has also been turned over to the State's Attorney General's office.

 

Updated November 6, 2013 at 12:00 PM: Dash cam video reveals the DUI arrest that led to an officer investigation in Miami, Oklahoma.

A Vinita, Oklahoma attorney says the arresting police report doesn't match with dash cam footage from an Oklahoma state trooper's vehicle.

The video was obtained through a subpoena by attorney Josh Lee.

It shows a Miami police officer approaching Jerry Payne's truck.  The police report states Payne immediately gets out of the truck, but, as the attorney explains, that's not what's on the video.  THe state trooper pulls Payne out of the truck and pushes him to the ground.

Later in the video there is a second officer who runs up to Payne, who is on the ground, and kicks him in the face.

Lee, Payne's attorney, says his client's facial injuries came from the blow to the face, not from being pushed to the ground as the report states

"Dash cam is the only thing that's going to try to set the record straight," says Lee.  "I am such a believer in them because of things like this and because I think the public has to know what their government is doing."

Payne's DUE charges were ultimately dropped after the trooper's video came to light.

Both officers in the video and their supervisor are on paid administrative leave.  A fourth was placed on administrative leave on Tuesday.

OHP says the trooper in the video has not been suspended.

The district attorney turned the case over to the attorney general's office.

Payne's attorney says he wants the city to investigate and file perjury, assault and battery charges.

 

Posted October 31, 2013:  Ottawa County District Attorney Eddie Wyant confirms three Miami Police Department employees are now on administrative leave.

Wyant says the investigation has being turned over to the state attorney general.

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