Man suffers broken leg during arrest

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December 15, 2009

Sheriff says officer’s action was not police brutality

by Kevin Lilly Pharos-Tribune Tue Dec 15, 2009, 09:35 PM EST

A man whose leg was broken during an arrest for operating while intoxicated late Friday afternoon is claiming police brutality.

On U.S. 24 at Lake Cicott, officers with the Cass County Sheriff’s Department conducted a traffic stop on 56-year-old Bryan L. Shafer of Logansport after his vehicle matched a description of a possible drunk driver given by another motorist. At some point during the subsequent arrest, Shafer reportedly suffered a broken leg and a cut to the face that required stitches.

On Tuesday, Shafer recounted his version of the incident. He said while at the jail an officer punched him in the face then drove either a knee or foot into his left leg, which broke in one place and fractured in two other places.

Due to the injury, Shafer underwent surgery in an Indianapolis hospital to install pins in his leg. He was discharged on Monday.

According to Sheriff Gene Isaacs, who was not involved but has since investigated the matter, said Shafer provided a breath sample that tested above a .20 blood-alcohol-content, which more than two times the legal limit. Sgt. Pat Zeider then transported Shafer to the Cass County Jail for further testing.

When Zeider pulled into the jail sally port, the handcuffed Shafer allegedly refused to exit the police vehicle, Isaacs said. At that time, Zeider physically removed Shafer and placed him on the ground face down before putting him into a holding cell.

Isaacs said he and other investigators have reviewed the surveillance tape of the incident multiple times and cannot find where the man’s leg would have gotten injured. Also, Zeider did not strike Shafer, said Isaacs, who thinks from watching the video Shafer may have hit his face on the concrete when forced onto the ground.

The sheriff says he is confident Zeider did not break any departmental regulations, which does permit officers to use a certain amount of physical force on subjects who do not comply with officer’s directions.

“It is not police brutality or excessive force,” Isaacs said Tuesday.

Shafer says he was on his way home when he encountered police. He admits he had been drinking alcohol in Monticello before attempting to drive home. He also says his memory of what happened is shaky. When asked if he provoked police, he said he did not remember.

“To my knowledge, no I didn’t, but I don’t really recall,” Shafer said.

Investigators have yet to look into whether Shafer was involved in an altercation in Monticello prior to his arrest.

Shafer is charged with operating while intoxicated — refusal, meaning he allegedly declined to provide a breath sample at the jail, and resisting law enforcement. He was also cited for unsafe lane movement and had his driver’s license confiscated.

Shafer was released from custody on his own recognizance. He is scheduled to appear in court Jan. 5.

Shafer refused to comment regarding a possible lawsuit.

“I’m going to let the lawyer figure it out,” he said.

• Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.

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Man suffers broken leg during arrest

Sheriff says officer’s action was not police brutality

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