Complaint Review: Mesa Police Department - Officer Harvey - Mesa Arizona

It was about 3:00 PM, I was getting ready for work and I was running late. My wife, Danielle, was using a cordless drill outside and I yelled at her from within our apartment to get my clothes ready. She yelled at me to hold on about it and I became angry that she was not moving fast enough. I yelled at her more telling her that I did not feel like she was pulling her weight. I then went downstairs to use the restroom and take a shower. I heard Danielle come downstairs to get my clothes ready.

As I was about to get into the shower my son knocked on the door loudly. My son stated that the police were at the door and they wanted my son to let them into our apartment. He asked if he was allowed to let them in and I told him no and I would be right up. I put my pants on and went upstairs.

When I opened the door, an officer began questioning me about what was going on in our house. Before I could answer, he then asked why my son lied to him about me being in the shower since my hair wasn't wet. I became nervous at the sight of this police officer; he had his hand on his weapon and was wearing gear that I would normally associate with a swat team or something to that effect.

My heart began pumping through my chest it seemed and I was at a loss for words. He then asked me if I was fighting with my wife. He kept questioning why I wasn't answering him and why I appeared to be nervous. His partner came up along the side of him. He asked if my wife was here and told me to get her. I then yelled downstairs telling Danielle to come upstairs. As I turned back around to face the officers, they had both walked into my home.

I immediately told the officers they did not have a right to come into my home without permission. One officer said this is considered a welfare check or some type of similar terminology. At that point I became angry with the officers. I did not believe they were obeying the law. I felt my rights had been violated.

My wife had come upstairs and was asking what was going on. I began yelling at them to get out of my home and an officer named Harvey told me to "Shut the hell up". He then yelled at me matching my volume something about they were not here for me but for a neighbor and they heard me fighting with my wife. He kept yelling at me to lower my voice. I told him that I would not until he was out of my house.

They started looking around in my house and under the sofa cushions. My wife told my son to go downstairs and stay in the bedroom. I could not believe that this situation had happened. I realized one of the officers starring intently at my tattoos on my arm. I picked up my pocket pc by my computer and yelled that I was about to record everything.

When I turned around to face them, Officer Harvey lunged at me and grabbed me around my throat with both hands. He then tackled me down to the ground. During this I received various injuries, most being superficial. Although, I did hit my head very hard and my back is now killing me. He yelled that I wasn't listening to him that and that I took an aggressive step in his direction. He put handcuffs on me.

My wife was screaming that he was wrong and I wasn't trying to hurt him. He said that if I was calm, this would have never happened. I then relayed to him in an unpleasant tone that I did not want to speak to him any longer and that he used poor judgment. He said Whatever. I told him that when anyone says whatever it usually means they don't have a good answer. He attempted to explain his action. He then took off the hand cuffs and asked me to call someone to watch my kid while I went to jail.

I was very afraid for my son and my wife. They took my wife to jail because of a suspended driver's license. He then consulted with his partner and they agreed to give a citation and notified me that I was charged with disorderly conduct.

HOW DOES THAT HAPPEN IN MY OWN HOME? I feel like if my home was a 2 million dollar mansion and if I was not Mexican. I may have ended up with a better result. I don't want to play the race card and despise those who use it to gain a benefit. But I don't see any other reason they would react in such an aggressive manner. I also don't understand how this can happen in front of my family. Neither I nor my wife encouraged such a hostile response. I am law abiding citizen that provides debt counseling for people for a living. I wonder how often this is really happening and is going unreported.

In writing my account of this situation today, I have attempted to be as objective and unbiased as humanly possible. I have not doctored any part of this account to favor my side. I am really sad that this can and does happen. I used to think that when a news story came out regarding excessive force or police brutality, that supposed victim must have done something that was not explained. I know better now. This is America. I now have a realistic view of what it means to be American.

I think its time to contact an attorney, internal affairs or somebody If anyone could give me advice I would greatly appreciate it.

David

Mesa, Arizona
U.S.A.

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