A viral video involving an altercation where Kenosha police take down a man in Applebees has now been confirmed by police to be a case of mistaken identity.
The man on the floor in the viral video is now charged with resisting and obstructing a police officer despite not being the man they were looking for.
Community advocates allege he had every right to walk away from police.
Officers approached his table because he matched the description of hit-and-run suspects. The suspects they were searching for were hiding in the bathroom.
Kenosha police say in a statement, "The male attempted to leave against officers orders and was restrained. He resisted and the incident that was caught on camera unfolded from there."
Community advocate Tanya McLean now asking this: “How are you resisting when you got up to walk away and you were not under arrest?”
TMJ4’s Mariam Mackar brought that question to defense attorney Jonathan Lavoy, who is not involved in the case.
“From a legal standpoint, did he have a right to walk away from police?” Mackar asked.
“I can understand why that gentleman may have felt like he had the right to walk away,” said LaVoy. “But if a police officer, right or wrong, tells you a command you really have to follow it whether you like it or not.”
In this instance, he says the man in the video was likely legally detained by officers at the scene.
“Being detained is when an officer says ‘you need to come talk to me,” he explained. "You are technically not free to go, even though you haven’t been arrested.”
Despite this, LaVoy says he was surprised by that charging decision. He thinks the District Attorney should have chosen not to charge him since it was a case of mistaken identity.
He says if you're ever in a similar situation his best advice is to comply with officers and deal with it in court later.
“If this were your client, you’d feel pretty confident in defending him?” asked Mackar.
“I would fight this case all the way to the end,” LaVoy replied.
The incident remains under review by the Kenosha Police Department. The Kenosha County District Attorney did not reply to TMJ4’s request for comment.
The ACLU of Wisconsin, All in Wisconsin, Leaders of Kenosha, and Black Leaders Organizing For Communities (BLOC) issued the following statement on Friday, Aug. 11:
KENOSHA – The ACLU of Wisconsin, All in Wisconsin, Leaders of Kenosha, and Black Leaders Organizing For Communities (BLOC) issued the following joint statement regarding the egregious assault and arrest of an innocent Black man by Kenosha Police:
“Last month, Kenosha police brutally beat a Black man inside of an Applebees after wrongly identifying him as a suspect in a hit-and-run crash, forcing him to the ground and pulling a baby from his arms before hitting him multiple times as he lay pinned on his stomach. According to news reports, the man had stopped at the restaurant to eat with his family, who would later be forced to watch helplessly as he was assaulted, charged, and arrested.
Too often, Black and Brown people suffer violence at the hands of police. It’s devastating to see police – again and again – treat Black lives with such callous disregard. It’s tragic that a Black person simply trying to enjoy a meal with his family is automatically seen as suspicious and that officers feel free to behave recklessly, violently, and unjustifiably, even toward a man holding a baby. We are heartbroken for this individual, his family, and all who have been affected by this senseless act. And we are outraged that Black and Brown people, Indigenous people, communities of color, and other marginalized groups have to live in fear of police violence and that those in positions of power refuse to do what is necessary to prevent it.
We are calling for answers and accountability. The actions of the police that were captured on video were disgraceful and endangered the safety of an innocent Black man, a baby, and others present at the restaurant.
KPD has a responsibility to the public to ensure there is a fully transparent and independent investigation into this incident. The victim, his family, and the entire community are owed a complete explanation for why this happened.
Nobody is free until we’re all free. Black people deserve to live in a world free of racist policing, where they can take their families out to eat without fear of being profiled and attacked. We call on Kenosha officials to condemn the KPD’s actions, to ensure law enforcement is held accountable, and to do whatever is necessary to prevent this from ever happening again.”
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