A California police officer has been relinquished of his duties after he applied excessive force on a suspect while responding to a 911 call. On June 5, 2019, Elk Grove police officers were routed to an alleged robbery and assault in progress at a Burlington Coat Factory, reports The Root. When officers arrived, both their body cameras and dash cameras began recording the encounter. In the video, you can see officers come in contact with one man who quickly complies with officer commands and gets on the ground.
Shortly after, another male, who has been identified as Juan Mendoza, 23 is seen leaving the building and also complies with officer commands. After Mendoza gets on the ground, officer Bryan Schmidt can be seen approaching him with his gun drawn. He then begins kicking him. After the incident, Mendoza was then arrested for robbery, conspiracy, resisting arrest, and violation of probation.
The video footage from the incident was later made available to the public for viewing. Chief Timothy Albright of Elk Grove police was obliged to comment on the encounter and had this to say “We have to evaluate what was the level of resistance that called for the level of force, and in this case, those didn’t balance.” He also said that the kick was not within his department’s policies.
Robbery Suspect Hires Police Brutality Lawyer After Suffering Brain Injury from Alleged Abuse
Mendoza later retained a CA police brutality lawyer after he was hospitalized as a result of the life-threatening brain injury he suffered. His lawyer told the source “the guy was defenseless on the ground, to come and just bang him in the head with a boot? I mean that’s just absolutely unjustified.” Apparently, the department was in agreement with this which is why the agency let Schmidt go. Schmidt’s supervising officer also resigned following the incident as he allegedly neglected to notify the department of the use of force. Had he stayed on the force, he likely would have faced disciplinary action for this, says the source.
When speaking about the incident, Albright also said that because the “supervising officer failed to identify the use of force, failed to report the use of force, and failed to complete an investigation in accordance with policy, he exposed the city to unnecessary liability.” The Chief of Police went on to say that he won’t tolerate this type of behavior in his department.
Police Brutality Victim is Awarded $100,000 Settlement
After Mendoza hired himself a lawyer and initiated a case against the department, the city decided to settle with him out of court. Mendoza received $100,000 to settle his case. The source also reported that an outside agency was conducting an investigation into the matter to determine if criminal charges should be file against the officer.
Did an Escondido, CA police officer apply excessive force which caused you to suffer injuries?
If so, you can always contact an Escondido, CA police brutality lawyer who can help you understand how you should address the issue. Jeffrey E. Estes & Associates is one firm that has experience with handling police brutality cases and would be happy to discuss with you what your legal rights are in the matter. You can contact this firm now by calling 855-290-8080.