Posted on 06/03/2004 6:18:45 PM PDT by freepatriot32
Tanya Smith is sporting a broken left arm, and she says a South Bend police officer is to blame.
Police Chief Thomas Fautz said he has been reading reports of the incident, and so far he hasn't found any evidence of wrongdoing on the part of the officers involved.
He said he cannot provide many details about the incident since it is an open investigation, and police policy keeps him from talking about it. He did confirm that the officer injured the woman.
Smith, a 25-year-old Elkhart resident, said she and a friend, Felicia Bradley, had gone to Benchwarmers early Sunday morning to join some friends.
They were met at the door by the owner and a security guard for Benchwarmers, Smith said. The men told them to wait outside for a few minutes while they dealt with an incident inside.
So that's what they did. They waited on the sidewalk outside of Benchwarmers. They said they have visited the bar before and been made to wait outside on other occasions, too.
Cpl. Jess Elliott, a South Bend police officer, was working in the downtown area that night. Smith said he approached and ordered her and Bradley to leave. He told them nobody else was going to be allowed inside the bar, she said.
Smith said she tried to explain that the men from Benchwarmers had instructed them to wait outside, but the officer didn't want to hear it. He ordered them again to leave.
"He was talking kind of rough to us,'' she said. "We asked what his problem was, and he said 'you're my (obscenity) problem.' ''
Bradley said she told the officer he didn't have to talk that way to them, but "he had a horrible attitude.'' She said she went to the door of Benchwarmers to see if the owner would come out to tell the officer that he had given the women permission to wait outside.
At that point, Bradley said, Elliott allegedly grabbed Smith and "was really roughing her up.'' She said she started to holler at the officer to let Smith go, but another officer came up and body-slammed her, knocking her down. Fautz identified that officer as Cpl. Keith Walker.
Smith, meanwhile, said she already had placed her arms behind her back to be handcuffed when Elliott grabbed her left arm and twisted it.
The humerus, the bone that connects the elbow to the shoulder, broke in two places, she said.
Smith said she was facedown on the ground with her hands cuffed behind her back when an officer fired a Taser weapon at her. The Taser delivers an electric shock that momentarily immobilizes a person. Smith has marks on her back where the Taser darts hit.
Roger Sartin Jr., a 25-year-old South Bend man, said he was downtown and witnessed the incident. He corroborated the women's story, saying he heard the men from Benchwarmers when they told Smith and Bradley to wait outside.
He said Smith was walking away when the officer grabbed her and yanked her arm behind her back. He said he heard a loud popping noise when the bone broke, and he saw the officer throw her to the ground. He said an officer fired a Taser gun at her while she already was handcuffed on the ground.
Sartin said none of the police officers talked to any witnesses, but instead tried to shoo the crowd away from the scene.
"They're going to cover for each other,'' Sartin said. "That's why they didn't take a report (from witnesses), because they knew he did wrong.''
Doneisha Jones, 20, of South Bend, also witnessed the incident.
She said Smith and Bradley were not doing anything wrong when the officer suddenly grabbed Smith and broke her arm.
"That was so wrong,'' Jones said. "We heard her bone pop out when they did it."
After the arm broke, Jones said, the officer threw Smith on the ground and someone fired a Taser at her.
"The police were laughing like it was a joke, like she was faking her arm being broke,'' Jones said.
Neither Sartin nor Jones had ever met Smith or Bradley before.
Jones said she thinks the incident was racist. Smith and Bradley are black, and the officers are white. Jones said officers tend to police Benchwarmers, which draws a mostly black crowd, more heavily than the nearby State Theatre, which draws a mostly white crowd.
After Smith was hurt, Jones said, it seemed to take a long time for the ambulance to arrive.
Smith claimed she lay on the ground for almost a half-hour before an ambulance arrived. Ambulance records show a dispatch time of 2:16 a.m., but Smith thinks that is wrong. She said she didn't even arrive at Benchwarmers until around 2:30 a.m.
Smith went to Memorial Hospital, where her arm was treated, then put in a sling. It was too swollen to set the bone, she said. That is to be done next week.
Police took her to jail after her treatment at the hospital, Smith said. Bradley had been taken to jail earlier. The women bonded out later that day.
Bradley went to a doctor on Tuesday for treatment of the injuries she said she suffered when she was knocked down by Cpl. Walker. A doctor's report refers to neck strain and costochondritis, an inflammation of the junction between the cartilage and ribs in her chest.
Chief Fautz acknowledged that Smith was injured while being arrested but said "there appears to be a logical explanation of how this injury occurred."
He would not elaborate, except to say the police reports indicate that Smith had some culpability in what happened to her. He was unaware of the witnesses' accounts of the incident.
"Right now the only version I have is what's on the police reports,'' the chief said.
If Smith and Bradley want to contest the reports, they can file a complaint with internal affairs, he said.
"We're certainly willing to hear her side of the story,'' Fautz said.
Smith is to appear June 10 in traffic and misdemeanor court, while Bradley has a June 17 court date. They were charged with disorderly conduct and resisting arrest.
In the meantime, Smith said, she will be off work for at least three months while her arm heals. She said she works as a caulker for a recreational vehicle plant in Goshen.
She is talking to an attorney about possibly filing a lawsuit against the police.
Nancy J. Sulok's columns appear on Sundays, Mondays and Thursdays. You can reach her at nsulok@sbtinfo.com, or by writing c/o South Bend Tribune, 225 W. Colfax Ave., South Bend, IN 46626, telephone (574) 235-6234.
We're basically on the same side on this one.
The female in the original article should have gone along her way when told to by a LEO.
I think you are referring to 137 which your 160 was a reply to. Basically, if you look at the post, you will not miss the sarcasm, especially the last line referring to calling Jesse Jackson. I was responding to the jack-booted thugs and presenting the other side.
If we are on the 'same side' why did you pick out my 'possible suspect' to critique when the jack-booted thuggers are trying to hang the cop?
And I believe that an accurate interpretation of the statement is that he is possibly a suspect. After all, the cops went to find him as the owner of a car involved in a hit-and-run accident and they exchanged words and got into a scuffle. If he were the victim of the accident, I find it very unlikely that that would have happened.
The reason I picked out your 'possible suspect' post to mention was that it was the first I saw about the Ivory case, not the one in the original article.
Let me posit a scenario.
Let's assume, just for the sake of this scenario, that his car WAS the car that got hit in the hit-and-run.
Ivory, being a police officer himself, knows how investigations on this subject are to be run.
When the other officers arrive Ivory is already agitated, seeing as how his car has been damaged. He doesn't think the officers are doing their job correctly and starts telling them about it.
The officers tell him to sit down and be quiet, he doesn't know what he's talking about, thinking him but another civilian who DOESN'T know what he's talking about and is just being a blowhard.
Heated words are exchanged and they take him down thinking he may be a hothead that's going to blow.
He also could have been a suspect if his car had committed the hit-and-run and he may not have known anything about it. Someone else may have been driving.
The police come saying you're the person who committed a hit-and-run, you're coming with us.
Ivory says, "Like heck I am. When was it committed. I wasn't even driving my car then."
The officers, instead of trying to ascertain the truth, which to be truthful isn't their job, take him down.
Either of these scenarios, IMO, is believable.
I was in a give and take with another and you stepped in on me. I kicked back. You chose your side and attacked without explaining your position.
Give me a break. You chose your side and it is the side of the jack-booted thuggers. Bye.
Surely you know my posting style well enough to realize that wasn't an attack.
I can accept that you kicked at what you perceived as an attack and we went from there.
Realize, though, that, for myself at least, opponents on one thread can be linking arms on another.
I am not an idealized conservative. I realize that rarely, if ever, will I have things 100% my way.
In the trenches I may argue about the 15% I can't have but if I can have someone who is 85% with me they normally have my support.
OK, see ya.
LOL, I like the way you put that. You may be right. Sometimes the cops are at fault, and sometimes they are not. Do you suppose we have some of those "one traffic stop away" folks here?
There's more than a few here on FR, IMNHO.
Aren't you on the same side as the JBTs?
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