CRC Rejects Claim of Man with Black Eye (Case #2004-x-005)

The appellant in this case was sitting on a bench, drinking beer. An officer approached him, and may or may not have warned him that what he was doing was "wrong." The officer did a "take-down," during which the appellant hit his face on the bench.

According to the appellant, the officer punched him in the face before taking him to the ground. The appellant's attorney, Len Berman, told the CRC the injuries are consistent with a blow to the eye, but not with an accidental strike to a hard object.

During the May 18 pre-hearing and in IAD interviews, the appellant was inconsistent in his description about what happened. He appears to have forgotten that an EMT came on the scene to treat his wounds.

However, there is no evidence to prove or disprove whether the officer hit him in the face. For this reason, several members of the CRC suggested "Insufficient Evidence" was a better finding. Despite the inconclusive evidence, the CRC voted 5-2 against holding a hearing.