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KCTV5 NEWS INVESTIGATION: A Question Of Force
POSTED: 10:51 am CDT May 11,
2009
UPDATED: 10:06 pm CDT May 12,
2009
LEE'S SUMMIT, Mo. -- Use of force against a suspect is a complicated and sometimes controversial part of a police officer's job. Officers undergo extensive training to help ensure the force is appropriate to the situation. But what happens when experts say someone responsible for training officers goes too far himself?"OK, we going to play nice?" a Lee's Summit police officer is overheard saying on dash camera video to Tim Gilio.Gilio said he was driving home from his girlfriend's house when a police car turned in the road and followed him.Gilio is well known to police officers in Lee's Summit. They said he has six active arrest warrants from four different law enforcement agencies. His previous arrests include charges of possession of marijuana, driving while intoxicated and resisting arrest.Lee's Summit police Officer John Heil said he pulled over Gilio on the night in question on suspicion of DWI and driving in a "careless and imprudent manner."When Heil arrived at Gilio's house, where he had just pulled his car in the driveway, Heil exited his patrol car and drew his gun."I put my hands behind my back and grabbed my wrists so they can handcuff me," said Gilio."Let go of your wrist. Let go of your wrist," Heil is heard saying on the dash camera video."They asked me to let go of my wrists. I'm not exactly sure why, but I went ahead and let them handcuff me," said Gilio.Gilio said that after he was put in handcuffs and arrested, he noticed a shadow out of the corner of his eye."When I looked toward the shadow, they grabbed a hold of me, or one of the officers grabbed a hold of me, and started choking me by my jugular vein," said Gilio.According to police documents, "passive resistance" was Heil's reasoning to apply "pressure to the hypoglossal nerves which are located below the jaw line and take Mr. Gilio to the ground.""If this is how you want to play, we can do it that way. OK?" said Heil, as he took Gilio down.Geoffrey Alpert is a professor of criminology at the University of South Carolina. For the past 25 years, his research has focused on high-risk police activities, specializing in use of force."Depending on what he did, taking him to the ground can be perfectly reasonable," said Alpert. "You can hold him down. You can put weight on him. You can twist his arms."Jeff Lanza is a retired special agent with the FBI."They're allowed to use force. It ranges from their mere presence to using deadly force," said Lanza.Both agree force is a necessary part of an officer's job, but both also said training is critical in knowing how and when to use it."The training is supposed to kick in and if you've practiced enough, it becomes second nature so you're not even thinking about it," said Lanza.Lanza would not comment on the case or the video specifically. But Alpert watched the dash camera video, and what happened next changed everything, he said."You can do all sorts of pressure points, but something like that could be dangerous and could have killed him," said Alpert."He was tossing me to the ground and took his knee and shoved it in my neck twice, and buried his knee into my neck," said Gilio.Heil's patrol car dash camera recorded him putting his knee into Gilio's neck as he was on the ground.Gilio said he believes at one point he lost consciousness while he was cuffed and on the ground."I don't know how you'd make an argument to be normal, for that activity to be justified. There's no reason for it. Even if he was fighting, even if he were wrestling, you don't put a knee in someone's neck," Alpert said.Alpert said Heil is certified as an instructor in pressure point control tactics for the Lee's Summit Police Department, responsible for training other officers in use of force techniques."I don't see how a training officer could justify that kind of action. That needs to be reviewed at higher levels, and at some point officers need to be disciplined or it encourages that kind of behavior to happen again," said Alpert.Neither Lee's Summit police officials nor Heil wanted to talk on camera, but in a statement the department said, "The use of force was deemed appropriate, and the actions of the officers were considered appropriate, as well, based on training and procedure.""It doesn't matter what a person's history is," said Lanza. "We all have and enjoy civil rights, and one of the civil rights we have is not to be treated in a manner that's inappropriate by people that wear uniforms."Gilio said while the swelling and bruises from that night are gone, the memories are hard to forget."I don't know why they hated me so bad or why they were wanting to pick on me. I'm not quite sure what their problem was with me," said Gilio. "I'm scared to be anywhere in this city at any given time.""This event is over the top. I mean, I think this event shows that the police officers used force that was beyond reason," said Alpert.Lanza said anyone who feels that he or she was the victim of excessive force and that a proper investigation was not conducted into the incident can contact the FBI to take the matter further.Gilio was arrested again last week on outstanding warrants, including the DWI charge from the stop that night. He's due in court later this month.
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