2:16 p.m. CDT, April 15, 2011
Brutality charges have been filed against a Chicago police sergeant caught on video slapping a handcuffed man -- but an attorney says the officer was justified because the suspect tried to spit on him.
“If I tried to spit on you, wouldn’t you find that offensive?” asked Robert Kuzas, who is representing Sgt. Edward Howard Jr., 48, a 24-year veteran of the police department. Howard is charged with aggravated battery and official misconduct.
The incident took place on Oct. 11, when Gregory Jeffries, 19, and two friends were arrested about 10:15 p.m. on charges of criminal trespass after walking out of a fast-food restaurant at 7904 S. Vincennes Ave., prosecutors said.
After Jeffries was handcuffed, Howard came on scene and walked up and hit Jeffries in the face three times with his open hand, prosecutors said. The final blow was strong enough to knock the man against a squad car, they said.
Jeffries suffered cuts, bruises and swelling to his face, prosecutors said. He and his mother reported the incident to the Independent Police Review Authority, and the case was referred to the state's attorney's office.
"Videotaped footage recovered from the restaurant's surveillance system corroborates both the victim and other eyewitness accounts of the defendant's abuse use of force against the handcuffed victim," the Cook County state's attorney's office said in a statement.
Shortly after the incident, Supt. Jody Weis stripped Howard and six officers of their police powers: Howard for the beating and the other officers are failing to report it.
Two of the officers were later cleared of wrongdoing after GPS proved they weren't at the scene. The two then filed a libel lawsuit against Weis, alleging they were falsely accused. Though Weis never identified Meuris and Vanna by name to the news media, he published their names in an internal communication sent to others in the Police Department, their attorney said.
Last month, Jeffries filed a federal lawsuit against the city and police officers. In it, he claimed he was hit several times by a sergeant, causing Jeffries to spit up blood.
During a bond hearing today, Assistant State’s Attorney Lauren Freeman said the video shows Jeffries was “fully compliant from the beginning to the end during his detention and arrest.”
“It show that he never acts in a physically provocative manner before the defendant strikes him each time,” Freeman said.
But Kuzas said Jeffries provoked the sergeant by clearing his throat and attempting to spit at Howard.
Asked if it gave the officer had a right to react the way he did, Kuzas said, “I definitely think it does.
“I don’t care who you are, if someone is trying to spit on you, of course you have a right to defend yourself,” he said.
Kuzas said Howard has been married for 24 years and has three children, and added that his friends and family are devastated by the allegations.
“This is truly a tragedy for him,” Kuzas said after court. “This is not at all reflective of the type of human being he is, the type of man he is or the type of police officer he is.”
Howard posted a $2,000 cash bond and walked out of the Criminal Courts Building at about 1:30 p.m., flanked by several supporters.
When a TV reporter backed into a fire hydrant and fell over, Howard said, “You OK, man?” He got into a waiting silver SUV without commenting to reporters on the charges against him.
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