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.
The police have the right to clear the area for their own safety, and the public safety. What if the altercation had made it's way out the door ? She could've had worse than a broken arm in that case.
It's the corn field that keeps attracting all of those UFO's!!!
ROTFLMAO... I just read the whole thread and ActionNewsBill has only proved he's an a$$
So that's what they did. They waited on the sidewalk outside of Benchwarmers. They said they have visited the bar before and been made to wait outside on other occasions, too.
Gee, I wonder why this "fine establishment" is under more survailance than others in the area? HMMMMM.....
My take on this incident: The two "ladies" were probably well known to the cops in the area, and "copped an attitude" when asked a reasonable request.
I don't really care that they were hurt. How do all the cop bashers on this thread like that? Hmm? I don't care because they're obviously stupid (going to a bar that has in the past REGULARLY asked patrons to wait outside while some altercation is taken care of inside...hmm...to me, that would seem like not too friendly a place to be! Also, their stupidity shows as they didn't want to follow a simple request to move; who cares if they had a "right" to be there. Sometimes, it's just not WORTH it to fight for your "rights", when said "rights" are to stand at the door of some seedy dive bar) Stupid **'s.
Normally I'd formulate a more cogent statement supporting my position, but I don't feel like it. I'm not in a good mood today. Do cops do stupid things? You bet they do, but having read the posts of some on this thread before, I know that to SOME, short of walking on water, cops can NEVER do ANY good.
Such people can kiss my @$$.
My bet right now, some cop basher will quote my "sometimes it's not worth it to fight for your "rights" RIGHT out of context, and say, "Look at 47, he says it's not worth it to fight for your rights". No, future genius, look at the context of my post, especially the part that says "...when such 'rights' are all about standing outside of some seedy dive bar!". YEAH, that's what our founding fathers went to war for: WE HAVE TO FIGHT, FOR OUR RIGHT, TO PAARRTY! I can hear Jefferson and Washington now.
k, I'm done....ah, that was a nice rant, I feel better already. :) See you all later! Go ahead cop bashers, quote me out of context all you want! And don't forget to use the term "jack booted thug" at least ONCE. I'm not sure that was used yet on this thread.
There was no safety issue. The women were not posing a threat. They were waiting to get in.
"What if the altercation had made it's way out the door? She could've had worse than a broken arm in that case. "
There was an incident inside and it was over. The idea that these women were in danger of being attacked, or injured otherwise is ridiculous.
Were you there with ActionNewsBill? Did you get video or at least some pictures?
And I believe that I am tall, good looking, and slim.
From the article.
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.
So the women show up at the bar after (possibly) arriving after work,
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.
The owner and the bouncer tell her to wait outside until the crowd thins out. So far, no problem.
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.
Not an isolated event, it seems. They were on private property with the permission of the owner to be there.
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.
So now the fine upstanding police officer decides who will be allowed to enter the bar against the wishes of the owner.
Does the police officer have the right to decide, on a whim, who may or may not enter an establisment? I don't think so.
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.
Once again...they had permission from the owner to be there. The logical thing for the brave overworked police officer to do (as if police are capable of using logic or common sense) would be to check with the owner of the bar to see if these women were indeed customers, BUT...
"He was talking kind of rough to us,'' she said. "We asked what his problem was, and he said 'you're my (obscenity) problem.' ''
The fine upstanding police officer copped an attitude with these women.
Yeah, I'd say these guys were looking for someone to abuse.
What corn field in Nebraska do you hail from again ?
Yeah, you're right, the owner of the bar and the bouncer were in cahoots, and running a prostitution ring out of the bar.
That makes much more sense.
That will come as a surprise to all those who might not keep or work the hours you do.
Thank you for establishing the "proper" times that people may or may not go out.
I do.
"Sometimes, it's just not WORTH it to fight for your "rights", when said "rights" are to stand at the door of some seedy dive bar) Stupid **'s. "
It doesn't matter how you qualify and judge her choice, she had a legal right to be there, w/o interference from the police. She also had a legal right not to have been brought up on false charges and injured, because of that.
Yeah, and these little ole gals should be given the medal of honor...........poor little thangs........
You really need to get back on your meds.
You're wasting your time with these clowns.
The story now is that she was only a hooker, and she deserved to be beaten up.
Get with the program man...the cops are always our friends, and they would never beat someone up unless it was for a good reason.
I'm going out and thanking a cop today.
Yawn
It is a generalization. Of course there are exceptions. But it is a safer assumption than saying cops routinely beat up people for the fun of it.
Perhaps instead of name calling, you could point out how the fine upstanding police officer was justified in breaking this woman's arm.
You really should make this the first sentence of your post.
Yeh, right. I don't have to be there. I've got a story with a glaring absence of unlawful activity on the part of the 2 women, police trumping up charges and using excessive force.
It's been my experience that most of the people who reflexively show hatred for the cops and convict them of brutality based solely on a claim of same are those folks who are one traffic stop away from serious prison time.
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