Breaking news … Concern raised over officers’ encounter with a mentally disturbed person

 

By Charles Sercombe
On Friday, Hamtramck social media blew up over how three Hamtramck police officers handled a man causing a disturbance in Veterans Memorial Park and nearby.
In a recording shot by a bystander, the officers are seen talking with a man who appeared agitated.
There was no audio of what the officers and the man said to each other.
The officers eventually tackled the man to the ground and struggled to handcuff him.
At one point an officer took out a baton and attempted to extend it by flicking it – but some thought it appeared the officer was striking the man.
You can view the recording here:

https://www.facebook.com/groups/908520636347468/permalink/1008390469693817/

We asked Police Chief Anne Moise for an explanation of what happened.
She issued this statement:
“May 3, 2021, Hamtramck Police officers received a call for assistance from a local religious institution.
“An individual, with whom Hamtramck officers are familiar from prior encounters, was having a mental health episode in which he was refusing to leave and causing a disturbance. The officers located the individual at Veteran’s Park.
“A bystander video showed only a portion of a longer conversation between the responding officers, all of whom have received training on the appropriate use of force and on responding to incidents involving mental health emergencies.
“There is no audio of the conversation, but officers attempted to orient the individual to self, place and time. The individual responded by growling at the officers and by repeating the questions the officers were asking.
“After several minutes, it became clear to the officers that the individual needed medical attention and his erratic behavior posed a potential threat to the public and potentially to the individual. The individual refused verbal commands to submit to a pat down for weapons.
“The appropriate application of minimal force was used to bring the individual under control. A collapsible baton was appropriately deployed to pry the individual’s arm loose for handcuffing. In order to use the collapsible baton, the officer must shake it with his hand to extend it.
“At no time did any officer kneel on the individual’s neck or restrict his breathing. The individual was not arrested. He was transported to Detroit Receiving Hospital where the individual received the behavioral health services he needed.
“Neither the officers nor the individual received any injuries.”
On a Facebook page called “Hamtramck Square,” some people were critical of the officers.
Former City Councilmember Phill Kwik said:
“The biggest problem is calling the police for everything, even when they have no business being there. This is a mental health issue; we need mental health experts on the staff of the City.
“This is exactly why we need to reduce the police budget and put the money into community services that actually benefit the community. Are we a compassionate community or do we just call the cops for everything?”
Posted May 7, 2021

Edited for clarity on May 12, 2021

3 Responses to Breaking news … Concern raised over officers’ encounter with a mentally disturbed person

  1. Mark M Koroi

    May 8, 2021 at 1:21 am

    More controversy involving the Hamtramck Police Department.

    There was a somewhat similar situation that occurred in the City of Dearborn where their department issued a statement in defense of their conduct after a controversial police-citizen interaction with a citizen who was alleged mentally challenged:

    http://www.arabamericannews.com/2016/05/06/dearborn-police-department-settles-lawsuit-with-local-man/

    http://www.michiganradio.org/lawsuit-accuses-dearborn-police-assaulting-mentally-handicapped-man

    http://www.thismess.net/2014/05/cult-of-compliance-dearborn-michigan.html

    The individual, an Arab-American, filed a federal civil rights action and received a substantial monetary settlement from the City of Dearborn.

    It would be interesting to see if this recent Hamtramck case will be investigated or whether the person of interest may make a claim his rights were violated.

  2. Nasr

    May 8, 2021 at 1:40 pm

  3. Mark M. Koroi

    May 9, 2021 at 4:06 pm

    Moise: “The individual refused verbal commands to submit to a pat down for weapons.”

    This is known in criminal law as a “Terry frisk” and can only be lawfully commanded by police where there is a reasonable and articulable suspicion that the suspect is “armed and dangerous”.

    There is only reference by Moise to immediately prior behavior of the the suspect was that the suspect was “causing a disturbance” and “refused to leave” – no reference to weapons or hazardous conduct.

    Therefore, there is no indication from the scenario of Moise that onsite officers has a legal basis to demand the suspect submit to a patdown for weapons.

    In the Ali Beydoun case in Dearborn, the individual targeted by police likewise failed to cooperate in a patdown for weapons and Beydoun’s attorney argued that his limited English language abilities caused the non-cooperation. That situation may have contributed to miscommunication here.

    Moise: “The individual was not arrested.”

    Is she serious? Handcuffing a person after laying them on their stomach and escorting them to a squad car is NOT an arrest? This is CLEARLY police conduct in restraint constituting an arrest under Michigan law.

    Moise: “….his erratic behavior posed a potential threat to the public and potentially to the individual.”

    What was the threat? By growling at people?

    Does the H.P.D. have bodycam footage to substantiate their version of events?

    This episode has several parallels to the Ali Beydoun case in Dearborn.

    This incident and the police response to it illustrates why Hamtramck needs a civilian police oversight board.

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