A man who was arrested on traffic charges in early November and subjected to repeated jolts from a stun gun said he is preparing to file a lawsuit against the Forest Park Police Department.
Clarence Davis, Jr., 31, lodged a complaint with the department shortly after his Nov. 2, 2006, arrest that prompted an internal investigation into the actions of officer Robert Biel. Chief Jim Ryan said the department got very little cooperation in conducting that review, but after interviewing the officers involved in the arrest and listening to the dispatcher’s recordings, found no wrongdoing on Biel’s part.
“I can’t find any wrongdoing with what our officers have to say,” Ryan said.
The department’s inquiry into the complaint will likely be closed, Ryan said.
Several phone calls and two registered letters sent to Davis in connection with the investigation received no response, Ryan said. A passerby who witnessed the incident, Carl Nyberg, also declined requests for interviews, Ryan said.
Nyberg has filed to run for village commissioner and is a former Review columnist.
Biel’s written account of the November arrest alleges that Davis ignored the officer’s request to keep his hands on the top of the car, and that Davis made several attempts to avoid being handcuffed. According to the report, Biel radioed for backup before applying the Taser to Davis’ lower back.
During a November interview with the Review, Davis denied accusations that he was non-compliant and said the repeated use of electric shocks to subdue him prompted an involuntary bowel movement at the scene of the arrest.
Biel’s report states that Davis defecated purposefully at the police station and that the first several times the Taser was applied, it had no apparent effect on Davis.
Attorney Nick Albukerk, whom Davis said he has retained, did not return phone calls seeking comment.
Davis’ Dec. 26, 2006, court appearance to answer to the charges stemming from the incident was rescheduled for Jan. 23. According to a police report, Davis is charged with resisting arrest, driving with a suspended license, driving without a seatbelt and driving with a suspended registration.