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Police investigate officer who struck suspect for spitting
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LAS VEGAS REVIEW-JOURNAL
A Las Vegas police officer is being investigated by the department for hitting a handcuffed suspect in the face last week, a department official said Wednesday.
Officer Marcus Martin, a spokesman with the Metropolitan Police Department, would not disclose the officer's name but confirmed the officer is being investigated by the department's Internal Affairs Office.
The officer remains on duty, Martin said, and the internal investigation will be completed within 90 days.
According to a police report, an officer named J. Smith struck 21-year-old James Earl Akins while he was being led to a patrol car in handcuffs.
The report said Akins spit at three individuals nearby, and Smith had to move his head to avoid being hit in the face. The wad of spit landed on Smith's arm and struck two individuals in the face.
"As a result of being spit at, Officer Smith responded with a handstrike to Akins' face," the report said.
The incident occurred May 20. Police responded to a call that several individuals were fighting with a security guard at an apartment complex near Lake Mead and Jones boulevards. Once police got to the scene, they talked with security officer Shakra Abou, who said he had fought with Akins.
Police went to an apartment to question Akins, who told them he had struck Abou because the security guard had slapped Akins' 18-year-old sister.
Akins clenched his fists and refused to come outside to talk to police, the report said. That led police to arrest Akins for battery of the guard and for obstructing a police officer by retreating into the apartment, according to the report.
When police were escorting Akins to the car, Akins saw Abou and spat at him and in the direction of Smith and a third man.
Martin said department policy allows officers to use the force necessary to make an arrest. There is no department policy that prohibits officers from striking handcuffed suspects, he said. He explained that some suspects pose a threat because they still have use of their legs.
According to the report, Akins was charged for spitting on the officer, a misdemeanor. The report said Akins also was arrested on an outstanding warrant on a drug charge.
In January 2006, 12-year Las Vegas police veteran Charles Collingwood was disciplined for hitting Kenneth "Jody" Thompson after his capture in November 2005. Thompson had escaped from prison in Carson City.
Collingwood hit the handcuffed Thompson in an incident captured on video by helicopter news. Officials said Collingwood was frustrated by Thompson's flippant answers as officers questioned him about other suspects and weapons.
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Bravo for METRO !!
Anytime they want to smack around a low life punk for spitting on a police officer, they can count on me !!
Also, spit carries allot of diseases like AIDs/HIV and others. Charge him with attempted murder if he tests positive to any STD's !!
I'd like to commend Officer J. Smith for exhibiting remarkable restraint in merely responding in this manner. This Akins punk deserves a beating within an inch of his miserable life.
Here is a question for that officer. So, if I am walking down the street and somebody spits on me, I am allowed the beat them and not be arrested?
There is no department policy for striking a handcuff suspect. I don't know about that. There are restraints that an officer can use for handcuff suspects to keep them from kicking and spitting. I feel officer need to be more tolerant when a handcuff suspect spits or kicks. Most departments have a policy against striking a suspect with a closed or open hand. Once a suspect is handcuffed the arrest is made and the use of force is different. Since the suspect was handcuffed, this officer needs a few days on the beach, without pay. This is the only way officers will comply with department policies.
Unfortunately a chief D.A. gave an opinion about spitting on public servants recently. He stated that cases filed by the police in regards to them getting spat upon by suspects will be dismissed. I guess with that line of thinking then our D.A., David Rodgers can be spat upon, and as a matter of fact, I guess the Muni/Govt. employees can spit upon their county leaders for some of the contract negotiations that have been going on? I hope that this legal opinion can be reviewed and changed, because nobody deserves to be spat upon!
A similar case occurred in Arizona some years ago. The police union rightfully back the officer because spitting on someone was considered a form of assault and battery. In another case in Nevada, a known AIDS patient tried to infect others by spitting at them. He was angry he had contracted the disease. Therefore, I support what the officer did.
I think Akins should be charged with assault, for the spitting, and be made to pay to have an AIDS and full blood panel done, to make sure he doesn't have anything contagious. Then I think two years in prison would allow enough time for reflection.
Isn't spitting considered assault?
No Telling what kinds of bacteria / virus was included in that spit-wad, germs that could make one sick or even be fatal. Leave the cop alone and a felony charge to the suspect.
ps: note to the RJ, about time you had us log in
Wow, I bet IAB got a hard on for this one. They will find or make up something on this officer and make the officer's life miserable. The suspect will get a free pass or a law suit. Sorry a55 police dept. and pencil pushing, a55 kissing IAB unit.