Lengthy Headlock Was Used By Officer On Handcuffed Man
By Jason Riley, The Louisville Courier-Journal (Louisville, Ken.)
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Louisville Metro Police Chief Robert White ordered an investigation yesterday into a videotaped traffic stop last November in which a man was restrained in a lengthy headlock by a metro police officer after being handcuffed.
White’s decision to launch a professional standards investigation followed his viewing of a 45-minute police videotape of the Nov. 30 events, in which the suspect was also pepper sprayed repeatedly.
It came a day after assault and other charges against Marshall Galloway, 25, were dismissed in Jefferson Circuit Court. Prosecutors cited lack of evidence and the police conduct seen on the videotape.
Helene Kramer, a police spokeswoman, said White wanted to make sure the video “gets the attention it deserves and that the investigation has the integrity it deserves.”
The professional standards unit, which handles police investigations into use-of-force incidents, will investigate whether any police policies or procedures were violated, Kramer said.
Jefferson County Commonwealth’s Attorney Dave Stengel, who recommended Wednesday that the charges against Galloway — felony assault of a police officer and three misdemeanors — be dismissed, said he was “disturbed” by police actions on the videotape of the arrest.
“I don’t like it,” Stengel said. “I would hope this is not standard police work here in this town.”
Stengel said that while he didn’t agree with all of the actions of arresting Officer Harry Cambron, he saw nothing illegal in what Cambron did.
Chief Public Defender Dan Goyette and Circuit Judge Judith McDonald-Burkman, who also saw a portion of the video before dismissing the charges, also questioned the police procedures used during the traffic stop.
“The tape was disturbing to the court,” McDonald-Burkman said. She acknowledged telling prosecutors that she was going to turn the case over to Chief White if Stengel didn’t.
Galloway, who was released from the Jefferson County jail Wednesday after spending about six months there on the charges, declined to be interviewed. Through his attorney he said he was relieved the case was over and looked forward to getting on with his life.
Cambron did not respond to phone messages left through Kramer and at his district office. Several calls were placed to his home as well.
But Mark Miller, an attorney who represents the Fraternal Order of Police, said yesterday, “Officer Cambron’s actions were in compliance with policy and procedure and there is absolutely no basis to any allegations of wrongdoing or policy violations.”
The videotape obtained by The Courier-Journal showed that in trying to subdue and arrest Galloway during the Nov. 30 traffic stop, Cambron wrestled him to the hood of a police cruiser, sprayed pepper spray into Galloway’s face multiple times and put him into a headlock for nearly five minutes — including about 31Z2 minutes after Officer Russell Miller had handcuffed Galloway and held his legs.
In his police report, Cambron wrote that Galloway kicked the officer in the groin and tried to flee, then continued to resist arrest.
But Galloway’s attorney, public defender Bill Sharp, questioned last week why Cambron continued the headlock after Galloway had been handcuffed.
“I was disgusted, literally, when I first viewed the tape,” Sharp said. “The large portion of what I’ve viewed, it appears he’s subdued when the force continues to be used against him.”
On the video, Cambron repeatedly asked Galloway why he tried to get away and why he fought. Galloway, who said he had an outstanding warrant from his 2003 marijuana case, repeatedly said that he didn’t want to go to jail.
Stengel said there was no visible evidence on the videotape that Galloway attacked either Cambron or Miller and said he thought the video of the arrest would “reflect poorly on police.”
Stengel said his division chiefs and senior prosecutors all watched the video and agreed it was best to get rid of the case.
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“We didn’t think we would get a conviction and we thought we would seriously damage already fragile relationships” with the community and police, Stengel said.
The Arrest:
When he pulled over a vehicle at Camden and Parthenia avenues at 10:35 p.m. on Nov. 30, Cambron recognized Galloway, in the front passenger seat, as someone he had arrested in 1999 for fighting with Officer William Ansman. That case was dismissed when police did not show up for court.
As of last November, Galloway had one felony conviction, in 1997 on drug and evidence-tampering charges, and several misdemeanor convictions between 1997 and 2003.
Cambron spent only seconds talking to the driver of the vehicle, later identified as Herbert W. Taylor Jr., before walking around the car to talk to Galloway.
Cambron said on the tape that he did not believe the two men when they said they were just driving around, repeatedly asking them why they were on Parthenia Avenue.
Said Cambron: “You see that right there. You see that little light over my sun visor? That’s a camera, just like you see on ‘Cops.’”
The officer then asked the men if there were drugs in the car. They told him no and said he could search the vehicle.
Officer Miller asked his partner why Galloway’s name sounded so familiar.
“We ain’t doing nothing wrong,” Galloway told Cambron.
Cambron then told Miller that Galloway was the man who hit Officer Ansman and took off running. Galloway denied that.
Cambron told the men he had caught them in a lie and had “reasonable suspicion.” Said Cambron: “Your two and two ain’t making four.”
Cambron told Galloway to get out of the car and the men stood face to face as the officer searched Galloway.
“Let’s understand one thing up front,” Cambron told Galloway. “I’m not Chris Ansman. You swing at me and I’m going to split your head.”
“No, I ain’t going to swing at you because I didn’t hit him,” Galloway responded.
After being questioned about drug use, Galloway told Cambron that he smoked marijuana an hour before but said he had no drugs on him.
Cambron then said that while Galloway was not under arrest, he was going to handcuff him and place him in a police cruiser “for your safety and ours.”
Galloway is heard complaining and Cambron replies that he must be “hot,” have an outstanding warrant.
At this time, about 10:44 p.m., Galloway and Cambron have moved out of the camera’s view. Noises are heard off camera. Later, Cambron will write in his police report that Galloway kicked him in the groin and tried to escape.
The camera next sees Cambron holding Galloway in a headlock and shoving him onto the hood of the police cruiser.
“What are you all doing to me?” Galloway shouts. “What are you all doing to me?”
Miller sprays pepper spray into Galloway’s face once and then hands the spray to Cambron, who is holding Galloway. Cambron sprays directly into Galloway’s face as the officers struggle to handcuff him.
Galloway tries to wipe away the pepper spray and appears to struggle for air. He pleads with Cambron to stop choking him and calls for help from the driver, who remains in the car.
The two officers tell Galloway to put his right hand, which was pinned underneath his body, behind his back.
“I’m trying to,” Galloway says. “You all get off of me. I can’t breathe. Please. Please.”
At 10:45 p.m., Miller succeeds in handcuffing both of Galloway’s wrists and restrains his legs, while Cambron continues the headlock with his left arm around Galloway’s neck.
With both his wrists handcuffed, Galloway hoarsely says the word “OK” six times, and “can’t breath” five times as Cambron continues the headlock.
“If you can talk, you can breathe,” Cambron tells him.
Again, Galloway begs Cambron to release the headlock.
“No,” Cambron said. “Not till we get backup here.”
The same request and answer can be heard repeatedly over the next few minutes.
Galloway curses Cambron and tells him he is bleeding.
Cambron then can be seen tightening the headlock and Galloway’s voice gets raspy.
“OK, OK,” he gasps, before wailing and calling “Momma, Momma.”
At 10:47 p.m., Cambron tells Galloway to look into his squad car at the camera pointed at the two men — one of several times Cambron refers to the video device.
Galloway continues to complain that he can’t breathe.
“You quit moving, you quit fighting,” Cambron tells him. “What’s going to happen is you’re going to keep fighting, it’s going to snap your neck, because I ain’t letting go.”
“Please,” Galloway says again and again.
“No,” Cambron responds numerous times before grabbing a police radio and demanding to know when backup would be arriving.
At 10:48 p.m., Backup Arrives:
“He’s been fighting,” Cambron tells the officers.
“No, I’m not,” Galloway responds. “No, I’m not.”
Cambron then tells the officers, “we’ve got cameras, we’ve got cameras, cameras on.”
Cambron finally releases the headlock at 10:49. The camera shows him, apparently exhausted, leaning on Galloway’s prone body. Galloway is then helped up and taken off camera. He’s heard to say, “God damn, man, that ain’t even called for.”
Cambron tells the other officers that Galloway tried to run, “I held him on the car, he kept fighting,” so the officer used pepper spray. “Sprayed the s--- out of him and he kept fighting. Couldn’t get him handcuffed. It’s all on camera. ... He was kicking and screaming.”
Police spokeswoman Kramer said yesterday that a headlock is permissible under certain circumstances. Whether the force used in the incident was appropriate for the threat posed is what professional standards unit will examine, she said.
Sharp, however, said later that Galloway was only struggling during the arrest because he was trying to wipe pepper spray from his face and get his body into a position where he could breathe.
At 10:51 p.m., the tape picks up an officer talking to Galloway.
“F--- you,” the officer says. “I got nothing to say to you. You got warrants on you and you’re in a lot of trouble. It’s called assault on the police and you know what? You didn’t hit me like you did Ansman, but I’m going to burn your ass. I’m going to indict you and I’m going to send your ass to prison.”
Later, the patrol car camera is pointed at Galloway in the back seat of the moving cruiser. Cambron, who is driving, tells Galloway, “This film is going to send you to prison.”
A couple of minutes later, Cambron asks: “You ever heard the expression, a picture is worth a thousand words? Well, there’s a new one now, called a videotape is worth a million words.”
After that, Cambron, a former narcotics officer, tells Galloway he will make “this stuff disappear” if Galloway provides him with information about drug dealers in the area.
Galloway agrees to help Cambron.
Cambron repeatedly asks Galloway why he fought. After they exit the cruiser to book Galloway, Cambron directs Galloway in front of the cruiser and has him look into the video camera.
“Tell them why you fought the police,” Cambron is seen saying.
“Because I got a warrant. I didn’t want to go to jail,” Galloway responds.
Plea Bargain Offered:
The prosecutor in Galloway’s case, Ryane Conroy, said earlier this week she knew that a trial would not be in the commonwealth’s best interest.
In May, she said in court that she offered Galloway time served, meaning he could get out of jail that day with a plea bargain.
Galloway’s public defender did not take it. “I find it appalling he has been in custody since Nov. 30, 2003, on this case,” Sharp said during a May 13 court hearing.
In the November 2003 arrest, Galloway was charged with third-degree assault, resisting arrest, third-degree criminal mischief and menacing.
Taylor, the driver of the car, was ticketed for an expired registration. His case was dismissed on Jan. 21. Attempts to contact Taylor at his home and at the telephone number listed on the citation were unsuccessful Wednesday and yesterday.
After serving nearly six months in jail, Galloway was released on home incarceration in May. He went back to jail shortly thereafter because a corrections officer said he violated the conditions of his home incarceration.
Staff writer Gregory A. Hall contributed to this story.