The sheriff’s office said in a statement: “At this time, the Montgomery County Sheriff’s Office has not yet been served. However, whenever there is pending litigation, we are unable to comment in regards due to guidance from our legal counsel.”
The incident at the center of the lawsuit took place on July 13. Sheriff’s Office records say Haas initiated a chase in which Brown assisted. After multiple collisions with deputies, the sheriff’s office said Hampton’s vehicle stopped and Brown pulled Hampton out the passenger side window.
“While pulling Mr. Hampton through the window, Deputy Brown improperly struck him in the face,” an order terminating Brown from the sheriff’s office says. “Once out of the vehicle, Deputy Brown improperly kicked Mr. Hampton in the stomach.”
Video of the incident was captured on cruiser dash cameras.
Hampton didn’t take questions during a Thursday morning press conference, which his attorney Michael Wright held, but said in a statement that he didn’t stop for deputies because he was afraid and wanted to get to a place where others could witness the traffic stop.
“The officer for whatever reason was following me and I didn’t understand that, so me, just thinking all this (stuff) going on today, let me get somewhere somebody can see what’s going on — just in case, thinking the worse,” according to Hampton’s statement. “He didn’t give me a chance to get out of the car. He breaks through my door, my hands are already up in the air, he snatched me from the driver seat to the passenger window and started to sock me and kick me and get me down on the ground.
“It’s not just a Dayton thing, it’s a United States thing,” Hampton continued. “This really (happens) to people. It messes with your mental health, your physical health, your sleep.”
An internal investigation says Brown spoke with investigators and told them that he couldn’t see Hampton’s left hand, and he may have been reaching for his waist.
“Deputy Brown pulled Mr. Hampton from the passenger side window and onto the pavement,” the internal investigation says. “Deputy Brown reported Mr. Hampton brought his knees up to his chest like he was going to get up and run so he gave him continued commands and delivered a kick to his abdomen to gain compliance.”
However, the internal investigation says video evidence says something different.
“The video evidence contradicts Deputy Brown’s account of the incident and shows Mr. Hampton’s left hand reaching outward away from the car door for the pavement which would be consistent with a person’s response to being pulled face-first through a car window, before falling toward the ground to brace for the impact,” the internal investigation says. “Mr. Hampton’s waist was still on the passenger door with his hands extended away from his body as he was struck by Deputy Brown. Deputy Brown admitted never being trained to strike subjects in the face with closed fists”
In a pre-discipline conference, Brown said that he heard the radio traffic from his co-worker, who is a friend, that he was hit by the suspect’s vehicle, according to a summary filed in his personnel file.
“Deputy Brown joined the pursuit and saw the suspect vehicle collided with the cruiser. It looked like bumper cars. Deputy Brown described this event as one of the most violent things he has seen in all his years as a law enforcement officer,” the summary says. “When he went to the suspect vehicle to effectuate the arrest, he said he had tunnel vision.”
Brown’s representative, Mark Scranton, asked that the sheriff view the incident through Brown’s perception and that Brown felt what he did was appropriate at the time, the summary says. Scranton did not return a phone call Thursday seeking comment about the lawsuit.
The internal investigation also said that the chase reached speeds of 110 miles per hour. Wright denied that during the press conference.
He did say that he applauds Streck for firing Brown and said that he believes lawsuits like these play a role in holding law enforcement accountable.
“Policing is difficult, and I commend those officers who do it right,” Wright said. “But I also have the responsibility to hold those officers who aren’t doing it right accountable for their actions.”
Wright said the defendants in the case have 30 days to respond.
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