The Hartford police officer who allegedly kicked a handcuffed suspect in the head said he did so in order to get the suspect to lay flat on the ground. The officer said he lacked the latex gloves he needed to force the suspect down with his hands, so he used his foot, instead, according to a newly-released police report.
State prosecutors are reviewing the alleged use of excessive force.
Hartford police said the entire incident began with a driver honking his horn, and ended with a multiple-agency, interjurisdictional chase that left one officer injured, two suspects bloodied, and several police cars damaged. It's under investigation by the Hartford Police Department, which released video of the incident earlier this month.
The officer involved in the kicking incident, Sgt. Sean Spell, has previously declined to comment, other than to say that, “There is a reason for the use of force.”
But in this report, filed the day after the incident, he was more specific. The report was released Tuesday along with roughly 100 other pages in response to a public records request made by WNPR.
Spell said he approached Emilio Diaz, who was handcuffed and kneeling, “covered in blood on his upper body, face and head, as he was bleeding from a large laceration on the front of his forehead that was dripping into his face/mouth area, which he was spitting.”
Spell said that he also detected “a strong distinct odor of PCP emanating from Diaz which usually involves violent behavior.” Police reports show that a vial they suspected to be PCP was in the suspect’s car, but it’s unclear what test results turned up.
Spell also said that Diaz was spitting blood out of his mouth in his direction.
“I told Diaz to stop spitting blood and to lay down prone, or I would force him down, which he refused to comply,” Spell wrote. “Not being in possession of latex gloves, I used my right foot forcefully onto the lower back side of Diaz’s head, and forced him to the ground.”
The kick didn’t get Diaz to stay on the ground, but it did stop the blood spitting, Spell said. After that, Diaz was transferred to a hospital by ambulance.
Immediate efforts to reach the Hartford police, and the city were unsuccessful. David Shepack, the state prosecutor investigating the case, declined to comment. Andrew Crumbie, Spell's attorney, declined to comment, pending the outcome of the criminal investigation.
Perez and Diaz, the men who police chased, were arrested on various charges, which are still pending. Perez was charged with a long list of crimes, including reckless driving, engaging police in pursuit, driving without a license, and drug possession. Diaz was charged with interfering with an officer, marijuana possession, and possession with intent to sell. Both men have pleaded not guilty.
Spell has since retired from the department with a $130,000 annual pension.
