Advertisement
YOU ARE HERE: WSBT HomeCollectionsTaser

Man accuses South Bend Police Department of brutality

December 28, 2010|By DAVE STEPHENS, Tribune Staff Writer

SOUTH BEND — A man arrested early Christmas morning and charged with battering police officers filed his own charges Tuesday, accusing the police department of brutality.

Mitchell Burton, a South Bend native who now lives in New Orleans, was arrested about 4:30 a..m. Saturday after an altercation with police in the 600 block of Birdsell Street.

According to police, officers were called to the scene by witnesses who said a car had crashed into a parked car.

Police say the driver of the car, Burton, was asleep or unconscious behind the wheel when officers arrived, even though the car was still in gear.

South Bend police spokesman Capt. Phil Trent said that officers reported trying to wake Burton, but he didn’t respond to repeated pounds on the window.

Advertisement

Trent said that Burton’s car began to move and officers were worried he would drive away, so they broke the window and pulled him out of the car.

Outside the car, both police and Burton say a fight occurred.


According to police reports, Burton could not to be subdued by officers and it took three responding officers to take him to the ground. On the ground, Trent said, Burton continued to struggle forcing police to use a Taser on him.

The Taser, Trent said, apparently didn’t phase Burton, and officers shocked the man twice more — again to no effect.

Burton wasn’t subdued, Trent said, until two additional officers arrived on the scene.

But that story differs with what Burton’s family told the local media Tuesday.

Michael Burton, who came to South Bend from Wisconsin this week to defend his son, told WSBT that Mitchell would not have fought officers and was only try to protect himself. Burton’s family say police used excessive force, especially while using the Taser.

Burton’s family also talked to a resident of Birdsell Street, who claims to have seen the entire incident unfold, including police wiping blood away from their shoes after the incident.

Both police and Burton’s family say Mitchell was injured in the incident. Police took him to the hospital for a laceration above the eye.

In a mug shot taken a short time later at the St. Joseph County Jail, Burton’s left eye appears swollen shut and bruised.

Trent said the department’s internal affairs officer and Chief Darryl Boykins have viewed a video of the incident shot by a squad-car mounted camera. But because of the ongoing investigation, that video can not be released to the public.

Staff writer Dave Stephens:
dstephens@sbtinfo.com
574-235-6209

WSBT-TV Articles
|
|
|