More details in Brady Mistic police brutality case
On Monday I did a news brief about a 33-year-old deaf man named Brady Mistic who is filing a lawsuit against Idaho Springs, Colorado police, the city, and the county for excessive force, wrongful arrest, and discrimination during his arrest and four-month jail stay in 2019. Over the past few days there has been more news coverage of the lawsuit with images and body camera videos released. I will show you clips.
The incident was on September 17, 2019. Mistc parked his car at a laundromat and got out to see two police officers who shouted commands and slammed Mistic to the floor and used a Taser stun gun on him. The officers did not realize Mistic was deaf until later. The officers said they were trying to pull over Mistic for failing to stop at a stop sign.
One of the officers, Nicholas Hanning, broke his leg during the arrest. The second officer is Ellie Summers, who was in training at the time.
Here is a clip from 9News of the moment Mistic was detained. I have to warn that the footage can be distressing.
[Body camera video]
Description: Video shows an officer parking their cruiser, getting out, and quickly moving towards Brady Mistic, who is standing in front of a laundromat. Mistic is looking at the officers and appears to try to gesture something before he is grabbed. The camera moves shakily and goes to black. The video jumps to show Mistic sitting cross legged on the parking lot with his hands cuffed behind his back. Officer Hanning is seen lying on the floor near Mistic.
Here is a second body camera video of Mistic in a hospital room. It seems like an officer used the hospital’s VRI interpreter system to communicate with him. You can see that Mistic is confused and disappointed when he realizes that he is going to jail.
[Body camera video]
Description: Mistic is sitting on a hospital bed. There is a VRI screen set up in front of him with a nurse behind the screen. The nurse is not talking but looking at the officer and at Mistic.
Police officer, according to autocaptions: “And at this point after you are released from the hospital you’re going to jail.”
Mistic: I didn’t fight or do anything? You grabbed me down on the floor. And later I got frustrated. I can’t talk and you didn’t know I am deaf.
Nurse: So are there any other questions?
Police officer: No not at this time I don’t have any more questions right now. And there’s not much else I can say.
Mistic: I’m surprised I’m going to jail. What for?
Police officer: Resisting arrest and assault in the second degree. And a stop sign (violation).
Mistic: I need a lawyer.
Mistic was jailed for four months on charges of assault on a police officer and resisting arrest. Mistic said he had no access to interpreters in the jail. The charges were dismissed and Mistic was released. News reports explained that Mistic’s charges were dismissed because he agreed to enter a diversion program, which is a type of program that allows people to do a certain process to avoid having a criminal record.
Mistic and his attorney did an interview with Fox 31 news in Colorado in which Mistic said he was traumatized when he was in jail for four months because his grandmother had cancer and passed away. Mistic said he cried and was hurt that he couldn’t be with her during her last days.
Mistic’s attorney Raymond Bryant filed the lawsuit in federal court. Bryant said it was cruel and inhumane to charge a deaf person in that situation with assaulting a police officer.
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Now in separate but related news, Officer Hanning was fired in July for his actions when he tased and arrested a 75-year-old man in May. Hanning was working with Summers, the same partner from Mistic’s arrest. Here is a video and I have to warn that it is distressing and graphic.
[Body camera video]
Description: A police officer (Hanning) talks with a elderly man who is standing inside his apartment just behind the door. The man is tased and falls down backwards. The officers then drag him out of the apartment, handcuff him, and kneel on his back. The video jumps to a news report that says Hanning was fired and charged with felonious assault. There is an image of the elderly man with facial wounds.
The 75-year-old man’s name is Michael Clark. He suffered a stroke and a burst appendix. News reports say he is still going through various health issues.
Hanning was charged with assault while Summers received internal discipline and is still with the police department. There is an ongoing legal case from the family of Clark.
The Clark case may have a factor on Mistic’s case because it could show a pattern of excessive force against vulnerable individuals.
https://www.cbsnews.com/news/brady-mistic-deaf-man-colorado-idaho-springs-police-arrest-lawsuit/
https://www.youtube.com/watch?v=6t0J7bpz9V8