Charges Dropped Against FL. Cop, Who Kicked, Punched & Tasered 66-Year-Old Man With Dementia - And Also Attempted To Censor Dash Cam Footage

 

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Family says police confrontation went too far

http://www.cfnews13.com/article/news/2012/january/370109/Family-say...


Family of a man arrested in October plan to sue claiming police went too far.

Last Updated: Sunday, January 15, 2012 12:00 PM

The family of an elderly Melbourne with dementia man says they plan on suing the police department -- all over a violent confrontation that was caught on camera.

The dash camera video shows 66-year-old Albert Flowers being kicked by Melbourne officer Derek Middendorf back in October. Flowers was also punched repeatedly, and another officer used a stun gun to shoot him in the face.

Police reports said the officer was investigating a call about an argument at the time. Officer Middendorf said Flowers was acting aggressively and refused to stop at a safe distance.

But the man's family said they're horrified and that the officer went too far.

“I know he has a job to do, but when you take it above and beyond after being warned that he has dementia when you are warning that he has dementia and be brutal like that it's criminal,” said Flowers’ son Carlos.

News 13 contacted Melbourne Police. They referred us to a spokesperson for the city who said because no complaint has been filed yet, they have nothing to respond to.

They do say though the officer turned off his camera before the incident - but the video was still able to be retrieved from a hard drive.

A hearing is set for Wednesday.

Meanwhile, the city says Officer Middendorf is still employed with the police department, but is currently off the job after an unrelated injury.

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Charges dropped in Melbourne police confrontation

http://www.cfnews13.com/article/news/2012/january/370883/Charges-dr...


Family of a man arrested in October plan to sue claiming police went too far.
By Greg Pallone, Reporter

Last Updated: Tuesday, January 17, 2012 4:46 PM

Charges have been dropped Tuesday against man with dementia after videotaped confrontation with Melbourne police.

“To watch your father in that situation, you feel helpless,” said Audrey Flowers, the victim’s daughter

Reports said officer Derek Middendorf was investigating an argument in the area.

He said Albert Flowers, 66, was acting aggressive and refused to stop.

Middendorf then kicked Flowers in the midsection, as the victim’s nephew shouted to officers he suffers from dementia.

“You can clearly see when he kicked him,” Audrey said. “Why? You don't need audio for that.”

Police said the officer thought he had turned off the dash cam before the incident.

Investigators later recovered the video, but without audio.

A police spokesperson said Middendorf was reprimanded and assigned retraining on the camera system.

However, Flowers’ family and attorney said that's not enough.

“He needs to be fired and criminal charges brought against him,” Audrey said.

“Specifically Officer Middendorf intentionally destroyed this evidence, and we plan to use that against him in the civil rights case we plan to bring this week,” said Paul Bross, Flowers’ attorney.

On Tuesday afternoon, the charges of resisting arrest without violence were dropped, citing the tainted video.

Now the NAACP is involved and wants resolution from the city and police department.

“We want to make sure it doesn't happen again. That's our primary focus,” said Robert Johnson from the South Brevard NAACP.

The city maintains Middendorf is still employed, but not on the job right now due to an unrelated injury.

News 13 contacted the Melbourne police chief for comment, but were told a statement on the incident would be released Tuesday afternoon.

We are still waiting for it.

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http://reason.com/blog/2012/01/16/melbourne-police-kick-punch-and-t...

Melbourne Police Kick, Punch, and Taser a 66-Year-Old Man With Deme...


A 66-year-old Melbourne man with dementia spent a month in the hospital after he was violently arrested in October 2011 by officers from the Melbourne Police Department in Melbourne, Florida. The officers who arrested Albert Flowers charged him with battery on a police officer, but a dash-cam video obtained this weekend by WFTV Channel 9 News in Central Florida shows that Flowers did not assault either officer before being kicked in the stomach, punched repeatedly, choked, and Tasered.

According to WFTV's report, Officer Derek Middendorf of the Melbourne Police Department was responding to a report that Flowers threatened another man with a knife. Middendorf’s arrest report claims that “Flowers walked towards him in an aggressive manner” and that he "refused to stop at a safe distance." This record of the arrest held water in part because Middendorf turned off his dash cam before getting out of his cruiser. But the Melbourne Police Department was since able to retrieve the video from the dash cam hard drive. And that video tells a different story. 


In the raw video (it's not embeddable, so you'll have to click through), Flowers walks at a leisurely pace toward Middendorf. His hands are down at his side as he approaches Middendorf in the street, and he does not appear to be carrying anything. When Flowers is a few feet from Middendorf, the officer kicks him in the stomach, causing Flowers to fall down. Middendorf then jumps on top of Flowers, and punches him repeatedly in the head and chest. Flowers appears to raise his hands to shield himself, but does not appear to fight back. After Middendorf forces Flowers onto his chest, he lies on top of him and tries to gain control of Flowers' right hand. When he fails to do so, Middendorf punches Flowers first in the face, then the ribs, and puts Flowers in a chokehold, at which point another officer approaches the two men, bends down, and Tasers Flowers in the face.

The video shows Flowers’ nephew, Garrick, approaching the officers to explain that his uncle has dementia and recently underwent a triple bypass. (Garrick told WFTV that he was worried the officers were “killing him.”)

Moments later, two more officers show up to help Middendorf restrain Flowers. Paramedics are then called to treat Flowers, who is seen in the video sitting on the ground without restraints. 

Middendorf, who was named Melbourne PD’s officer of the year in 2008, is currently on leave due to an injury unrelated to his arrest of Flowers. A hearing will be held on Wednesday.

Watch the the video of Flowers’ arrest here, courtesy of WFTV.


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Comment by Ragnarok on January 19, 2012 at 4:50am

Surely a big person, maybe we can have him beating up a whole retirement home next time. PUT THE FAT PIG ON A DIET !

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