Texas man filed lawsuit against police after being pepper sprayed while he was filming his son's arrest
A Texas man says he was assaulted by police and pepper sprayed while he was filming his son’s arrest in the incident that took place in August in the city of Keller. In December the man filed a lawsuit in federal court.
39-year-old Marco Puente said he and his son were traveling in separate cars to a relative’s house on August 15 when he saw his son, Dillan, was being pulled over by the police. He started recording the arrest from his truck. One of the police officers noticed him and pepper sprayed and handcuffed him.
According to the lawsuit, accusing the law enforcement of using excessive power, two police officers involved in the incident violated Puente’s rights. The names of the cops were released, they are Blake Shimanek and Officer Ankit Tomer. Shimanek was a sergeant at that time.
“It’s undeniable that their conduct was horrible,” Scott Palmer, one of the lawyers representing Mr. Puente, said, referring to the officers. “They’re supposed to preserve and protect, and they caused havoc and mayhem.”
22-year-old Dillon Puente was pulled over for by Officer Shimanek for making an improper wide right turn, the lawsuit says. He was then asked out of his car and handcuffed, as it can be seen on the officer’s bodycam video.
Marco Puente watched his sun being questioned from the other side of the road where he parked. It can also be seen on the footage. Officer Shimanek can be heard yelling at him for obstructing the roadway and threatened him with arrest. When Officer Tomer arrived, Shimanek told him to arrest the father.
The photo attached to the lawsuit shows Marco Puente taken being put in a headlock. Then Tomer allegedly raised the man’s sunglasses and pepper sprayed him. After that Marco was said he would receive medical assistance already in jail. Puente repeatedly asked for a towel but Shimanek declined but the video shows him later wiping his own face with the towel he took from his patrol car.
The both, father and son, were then placed in separate patrol cars.
Dillon was arrested and taken to jail on charges of making an improper wide right turn. He was later released after paying a fine, Marco Puente’s lawyers said.